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A.R.S. § 33-421

Rules for Recording Liens Against Property

Verified April 4, 202657th Legislature, 1st Regular Session

Arizona restricts who can record a lien against real property without a court order. Nonconsensual liens filed by private individuals generally require a court judgment. If one is recorded improperly, it does not affect the property's marketability. A court can strike it down as invalid.

Title 33, CONVEYANCES AND DEEDS

azleg.gov

Who Can Record a Lien Without a Court Order

Not every lien needs a judge's approval before it hits the public record. Government entities, licensed utilities, and water delivery companies can record liens without a court order. Mechanics' lien claimants and HOAs created under CC&Rs can also do so.

Everyone else needs a judgment or court order. This rule stops individuals from abusing the county recording system.

A nonconsensual lien, other than a lien recorded by a governmental entity or political subdivision or agency, a validly licensed utility or water delivery company, a mechanics' lien claimant or an entity created under covenants, conditions, restrictions or declarations affecting real property, shall not be recorded unless the lien is accompanied by an order or judgment from a court of competent jurisdiction authorizing the filing of the lien.

A.R.S. § 33-421(A)

Without this rule, anyone could file a lien against a property they had no legal claim to. That would create a cloud on title and disrupt sales and other transactions.

What Happens When an Invalid Lien Slips Through

If someone records a nonconsensual lien without proper authorization, the attorney general or county attorney can act. They file a notice of invalid lien with the county recorder. Once that notice is recorded, the lien is treated as invalid.

County recorders do not verify whether a lien qualifies before accepting it. They face no liability for accepting one that turns out to be invalid. The property owner or a government attorney must challenge it after the fact.

Court-authorized judgment liens work differently. Those liens attach to real property and can affect a sale or refinance.

If you find an unauthorized lien on your property, you can challenge it in court. You may recover attorneys fees and costs. Checking the title from time to time helps catch problems early.

A. A nonconsensual lien, other than a lien recorded by a governmental entity or political subdivision or agency, a validly licensed utility or water delivery company, a mechanics' lien claimant or an entity created under covenants, conditions, restrictions or declarations affecting real property, shall not be recorded unless the lien is accompanied by an order or judgment from a court of competent jurisdiction authorizing the filing of the lien. B. If a nonconsensual lien is accepted for recording as described in subsection A, the recording officer shall accept for recording a notice of invalid lien that is signed and submitted by the attorney general or county attorney. The attorney general or county attorney shall mail a copy of the notice of invalid lien to the person who is designated as creditor and to the person who recorded the nonconsensual lien at the address of each as stated on the recorded document. The purported lien is conclusively presumed to be invalid when the invalid lien is recorded. C. The county recorder shall not record any lien except as prescribed in subsection A or otherwise authorized by law unless the lien is accompanied by the notarized signature of the debtor on a document acknowledging the filing and recording of the lien. D. A recording officer or a county is not liable for accepting for recording a lien pursuant to this section. E. A nonconsensual lien that is recorded with the county recorder and that is not recorded by an authorized entity pursuant to subsection A or that is not ordered by the superior court does not affect the marketability of title to the real property described in the nonconsensual lien and shall not constitute actual or constructive notice of any of the matters contained in the lien.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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