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A.R.S. § 33-707

Releasing a Paid-Off Mortgage or Deed of Trust

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

When a mortgage or deed of trust is fully paid, the lender must formally acknowledge satisfaction. They do this by recording a release document with the county recorder. This clears the lien from the property's title. Arizona law also allows title insurers to prepare and record releases under specific circumstances.

Title 33, MORTGAGES

azleg.gov

The Lender's Obligation After Payoff

Paying off your mortgage is only half the process. The lien does not automatically disappear from the public record. The lender, trustee, or person entitled to payment must deliver or record a release document. That document must reference the original mortgage or deed of trust by its recording number.

If a mortgagee, trustee or person entitled to payment receives full satisfaction of a mortgage or deed of trust, he shall acknowledge satisfaction of the mortgage or deed of trust by delivering to the person making satisfaction or by recording a sufficient release or satisfaction of mortgage or deed of release and reconveyance of the deed of trust.

A.R.S. § 33-707(A)

Once recorded, the release serves as strong evidence that the debt has been satisfied. This is especially important for property owners who plan to sell, refinance, or transfer property into a trust. An unreleased mortgage can cloud title and create delays during real estate transactions.

Title Insurer Releases and Lost Notes

Arizona law provides practical solutions for common complications. If a lender fails to record a release, a title insurer can prepare one under subsection E. The insurer must send notice to the lender and wait 30 days first.

If the original promissory note has been lost or destroyed, the lender can execute an affidavit confirming payment and record that instead. These provisions help clear title when the usual release process stalls. This happens more often than you might expect during estate settlement, when a deceased borrower's lender may be slow to respond.

A. If a mortgagee, trustee or person entitled to payment receives full satisfaction of a mortgage or deed of trust, he shall acknowledge satisfaction of the mortgage or deed of trust by delivering to the person making satisfaction or by recording a sufficient release or satisfaction of mortgage or deed of release and reconveyance of the deed of trust, which release, satisfaction of mortgage or deed of release and reconveyance shall contain the docket and page number or recording number of the mortgage or deed of trust. B. When a mortgage or deed of trust is satisfied by a release or satisfaction of mortgage or deed of release and reconveyance, except where the record of such deed of trust or mortgage has been destroyed or reduced to microfilm, the recorder shall record the release or satisfaction of the deed of trust or mortgage showing the book and page or recording number where the deed of trust or mortgage is recorded. D. If the note secured by a mortgage or deed of trust has been lost or destroyed, the assignee, mortgagee or beneficiary shall, before acknowledging satisfaction, make an affidavit that he is the lawful owner of the note and that it has been paid, but cannot be produced for the reason that it has been lost or destroyed, and the affidavit shall be recorded. E. If the obligation secured by a deed of trust or mortgage has been paid in full, a title insurer may, after providing notice and waiting thirty days, prepare and record a release and satisfaction of mortgage or release and reconveyance of deed of trust.
View on azleg.gov

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.

Related Questions

What are the requirements for a valid property deed in Arizona?

A valid property deed in Arizona must be in writing, signed by the grantor, include a legal description of the property, be notarized, and recorded with the county recorder's office where the property is located.

How is a mortgage or deed of trust released after it is paid off in Arizona?

After payoff in Arizona, the lender must record a release or satisfaction of mortgage under A.R.S. 33-707. For a deed of trust, a reconveyance is recorded. If the lender fails to act, a title insurer can record the release after 30 days' notice.

What happens to my mortgage after I die in Arizona?

Your mortgage stays with the property. Federal law (the Garn-St. Germain Act) protects family members who inherit the property from due-on-sale enforcement. A surviving spouse or other heir can assume the mortgage without requalifying, but they must keep making mortgage payments.

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