What This Statute Says
Names get confused. This section gives a property owner a remedy when a recorded judgment appears to create a lien on their land only because their name matches or resembles the actual judgment debtor's name.
If a recorded money judgment or a certified copy of a money judgment appears to create a judgment lien on the real property of a person who is not the judgment debtor because the name of the property owner is the same as or similar to that of the judgment debtor, the erroneously identified property owner may deliver to the judgment creditor a written demand for a recordable document that releases the lien.
A.R.S. § 33-968When This Statute Comes Into Play
This remedy is used when:
- A title search wrongly flags a judgment against an owner who simply shares a name with the real debtor.
- A sale or refinance is held up by a lien that does not actually belong to the owner.
- A creditor refuses or delays releasing a mistaken lien.
What This Means for Arizona Families
Sharing a common name with a stranger can cause a real headache at closing. If a recorded judgment looks like it liens your property only because your name matches the actual debtor's, this section lets you demand a release with reasonable proof that you are not that person. The creditor then has fifteen days to deliver a recordable release.
If the creditor drags its feet, the law has teeth. You can ask a court to release the lien and recover your damages, with a presumed minimum, plus attorney fees for the prevailing party. Our FAQ on clearing a false or invalid lien in Arizona covers similar cleanup, and our glossary defines an encumbrance. If a mistaken judgment lien clouds your family's property, an Arizona estate planning attorney can help you force a release.