Why the Legal Description Matters
A deed of trust only secures the property it identifies. If the description is vague, incomplete, or uses an unapproved method, the entire document can be challenged. This statute ensures every deed of trust clearly identifies the real property being pledged as security.
In deeds of trust the legal description of trust property shall be given by one of the following methods: 1. By the use of lot, block, tract or parcel as set forth within a recorded subdivision plat. 2. By the use of a metes and bounds or course and distance survey.
A.R.S. § 33-802(A)(1)-(2)For most residential properties, the subdivision plat method (lot and block) is the most common. Metes and bounds descriptions are used for rural or unplatted land. The statute also allows descriptions using the governmental rectangular survey system, mining claims (patented or unpatented), and homestead entry survey numbers.
Address Requirements
Beyond the property description, the statute requires the mailing address of each party: the trustor, the beneficiary, and the trustee. This ensures all parties can be located for service of notices, which becomes critical if the loan goes into default and the trustee needs to initiate foreclosure proceedings.
These requirements may seem procedural, but they protect both borrowers and lenders. A properly described deed of trust leaves no doubt about which property is encumbered, and complete contact information ensures the foreclosure process, if it ever becomes necessary, can proceed without delays caused by unlocatable parties.
