reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 33 - Property › § 33-411.01 - Recording real estate documents; indemnification by transferor

33-411.01.
Recording real estate documents;  indemnification by transferor
Any document evidencing the sale,  or other transfer of real estate or any legal or equitable interest therein,  excluding leases,  shall be recorded by the transferor in the county in which the property is located and within sixty days of the transfer. In lieu thereof,  the transferor shall indemnify the transferee in any action in which the transferee's interest in such property is at issue,  including costs,  attorney's fees and punitive damages.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-412 - Invalidity of unrecorded instruments as to bona fide purchaser or creditor

33-412.
Invalidity of unrecorded instruments as to bona fide purchaser or creditor
A. All bargains,  sales and other conveyances whatever of lands,  tenements and hereditaments,  whether made for passing an estate of freehold or inheritance or an estate for a term of years,  and deeds of settlement upon marriage,  whether of land,  money or other personal property,  and deeds of trust and mortgages of whatever kind,  shall be void as to creditors and subsequent purchasers for valuable consideration without notice,  unless they are acknowledged and recorded in the office of the county recorder as required by law.
B. Unrecorded instruments,  as between the parties and their heirs,  and as to all subsequent purchasers with notice thereof,  or without valuable consideration,  shall be valid and binding.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-413 - Invalidity of unrecorded marriage contract as to bona fide purchaser or creditor

33-413.
Invalidity of unrecorded marriage contract as to bona fide purchaser or creditor
No covenant or agreement made in consideration of marriage shall be valid against a purchaser for valuable consideration,  or a creditor not having notice thereof,  unless the covenant or agreement is duly acknowledged and recorded in the manner and form required for deeds and other conveyances.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-414 - Recording of judgments affecting title to real property; inadmissibility of unrecorded judgment

33-414.
Recording of judgments affecting title to real property;  inadmissibility of unrecorded judgment
A. Every judgment of a court by which title to real property is affected shall be recorded in the office of the county recorder of the county in which the property or part thereof is located,  and until recorded,  the judgment shall not be received in evidence in support of any right claimed by virtue thereof.
B. It shall not be necessary to record the judgment in full,  but an abstract thereof by the clerk of the court under his hand and seal,  stating the title of the court and of the action,  the date of judgment,  a description of the property and the name of the party to whom it is decreed,  shall be a sufficient record of the judgment.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-415 - Recording of master mortgages; including master mortgage provisions by reference in other mortgage

33-415.
Recording of master mortgages;  including master mortgage provisions by reference in other mortgage
A. Any person may record in the office of the county recorder of any county master mortgages of real property. Master mortgages are not required to be acknowledged or proved or certified to be recorded or entitled to be recorded. Such mortgages shall have noted upon the face thereof that they are master mortgages.
B. The county recorder shall index and record master mortgages in the same manner as other mortgages are indexed and recorded and shall note on all indices and records thereof that they are master mortgages.
C. Thereafter any provisions of a recorded master mortgage may be included for any and all purposes in a mortgage by reference therein to any of such provisions without setting them forth in full,  if the master mortgage is of record in the county in which the mortgage adopting or including by reference any provisions thereof is recorded.
D. The reference shall contain a statement:
1. As to each county in which the mortgage containing the reference is recorded.
2. The date such master mortgage was recorded.
3. The county recorder's office wherein the master mortgage is recorded.
4. The book,  volume and page or pages or recording number of the records in the recorder's office where the master mortgage is recorded.
5. Paragraph numbers,  or any other method,  which will definitely identify the specific provisions of the master mortgage which are being adopted and included in the reference.
E. Recording a master mortgage which has included therein any provisions by reference as provided in this section shall operate as constructive notice of the whole thereof,  including its terms,  as a part of the written contents of any such mortgage,  and of any provisions so included by reference as though they were written in full therein.
F. The parties bound,  or to be bound,  by provisions adopted and included by reference shall be bound thereby in the same manner and with like effect for all purposes as though such provisions were set forth in full in writing in such mortgage.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-416 - Record of instrument duly recorded as notice

33-416.
Record of instrument duly recorded as notice
The record of a grant,  deed or instrument in writing authorized or required to be recorded,  which has been duly acknowledged and recorded in the proper county,  shall be notice to all persons of the existence of such grant,  deed or instrument,  but a mortgage of real property may be recorded and constructive notice and the contents thereof given as provided in section 33-415.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-417 - Law governing validity of instruments; recording of instruments valid when executed; validity of instruments recorded prior to October 1, 1913

33-417.
Law governing validity of instruments;  recording of instruments valid when executed;  validity of instruments recorded prior to October 1,  1913
A. The execution,  acknowledgment,  form or record of a conveyance or other instrument,  shall depend for its validity and legality upon the laws in force when the act was performed.
B. Conveyances of real property made and acknowledged according to laws in force in this state at the time the conveyances were made and acknowledged shall have the same force as evidence,  and may be recorded in the same manner and with like effect as conveyances executed and acknowledged pursuant to the provisions of this chapter.
C. Instruments affecting real estate,  duly signed and recorded in the office of the proper county recorder prior to October 1,  1913,  are legal and valid to the same extent as if acknowledged and recorded as required by the provisions of this chapter.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-418 - Recording of conveyances recorded prior to 1865 or recorded in New Mexico or Republic of Mexico

33-418.
Recording of conveyances recorded prior to 1865 or recorded in New Mexico or Republic of Mexico
A. Deeds or other conveyances recorded prior to January 1,  1865 in the office of any probate court in the state may be transcribed from the records of such court by the county recorder,  and records of conveyance of lands within this state heretofore recorded in the state of New Mexico or the Republic of Mexico,  upon being properly certified by the officer having charge of such records,  may be recorded by the county recorder in the appropriate county of this state.
B. This section shall not affect or bind in any manner any person or party who has constructive notice of the existence of any deed or other instrument in writing as a recorded deed or instrument except after January 1,  1865.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-419 - Effect of record as notice of instrument affecting land located in subsequently created county

33-419.
Effect of record as notice of instrument affecting land located in subsequently created county
Where an instrument has been recorded in the proper county,  and any property conveyed or encumbered by the instrument is located within another county subsequently created,  the prior record shall not be thereby invalidated or in any manner affected,  but shall still continue to be notice of its contents to all persons.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-420 - False documents; liability; special action; damages; violation; classification

33-420.
False documents;  liability;  special action;  damages;  violation;  classification
A. A person purporting to claim an interest in,  or a lien or encumbrance against,  real property,  who causes a document asserting such claim to be recorded in the office of the county recorder,  knowing or having reason to know that the document is forged,  groundless,  contains a material misstatement or false claim or is otherwise invalid is liable to the owner or beneficial title holder of the real property for the sum of not less than five thousand dollars,  or for treble the actual damages caused by the recording,  whichever is greater,  and reasonable attorney fees and costs of the action.
B. The owner or beneficial title holder of the real property may bring an action pursuant to this section in the superior court in the county in which the real property is located for such relief as is required to immediately clear title to the real property as provided for in the rules of procedure for special actions. This special action may be brought based on the ground that the lien is forged,  groundless,  contains a material misstatement or false claim or is otherwise invalid. The owner or beneficial title holder may bring a separate special action to clear title to the real property or join such action with an action for damages as described in this section. In either case,  the owner or beneficial title holder may recover reasonable attorney fees and costs of the action if he prevails.
C. A person who is named in a document which purports to create an interest in,  or a lien or encumbrance against,  real property and who knows that the document is forged,  groundless,  contains a material misstatement or false claim or is otherwise invalid shall be liable to the owner or title holder for the sum of not less than one thousand dollars,  or for treble actual damages,  whichever is greater,  and reasonable attorney fees and costs as provided in this section,  if he wilfully refuses to release or correct such document of record within twenty days from the date of a written request from the owner or beneficial title holder of the real property.
D. A document purporting to create an interest in,  or a lien or encumbrance against,  real property not authorized by statute,  judgment or other specific legal authority is presumed to be groundless and invalid.
E. A person purporting to claim an interest in,  or a lien or encumbrance against,  real property,  who causes a document asserting such claim to be recorded in the office of the county recorder,  knowing or having reason to know that the document is forged,  groundless,  contains a material misstatement or false claim or is otherwise invalid is guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-420.01 - Suspension of line of credit; payoff demand statement; definitions

33-420.01.
Suspension of line of credit;  payoff demand statement;  definitions
A. A secured lender under a revolving line of credit against real property shall suspend the revolving line of credit for a minimum of forty-five days on receipt of a request for a payoff demand statement as defined in section 33-715 from an escrow agent who is licensed pursuant to title 6,  chapter 7.
B. This section shall not be construed to validate,  invalidate or otherwise affect the foreclosure of a mortgage,  the exercise of a trustee's power of sale or the exercise of a seller's right to a forfeiture under an agreement for sale of real property.
C. For the purposes of this section:
1. " Revolving line of credit"  means an open end revolving loan that is established pursuant to a written agreement between a borrower and a lender in which the lender agrees to lend the borrower money on a continuing basis for as long as the outstanding principal amount owed by the borrower does not exceed a specified amount.
2. " Secured lender"  means any one of the following:
(a) A mortgagee on a mortgage.
(b) A beneficiary on a deed of trust.
(c) A person who holds or retains legal title to real property as security for financing the purchase of the real property under an agreement for sale of real property.
(d) A person who holds or retains a security interest in real property to secure the repayment of a loan.
(e) The authorized agent of those listed in this paragraph.
3. " Suspend"  means to forbid the borrower from increasing or incurring any additional debt on the revolving line of credit.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-421 - Recording of liens

33-421.
Recording of liens
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.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-424 - Representation of legal requirement; enforcement; private action; damages; violation; classification

33-424.
Representation of legal requirement;  enforcement;  private action;  damages;  violation;  classification
A. It is unlawful for a third party provider offering a disclosure report pursuant to section 33-423 to represent in marketing materials,  contracts or by any other means any of the following:
1. That such a disclosure report is required by any law to be purchased.
2. That a buyer,  a seller or a person licensed pursuant to title 32,  chapter 20 who represents a buyer or seller is required to comply with section 33-423 by purchasing a third party disclosure report.
3. That the third party provider offers protection from liability for or provides information about property conditions that are not the subject of the third party provider report or that are not within the current ability of the third party provider to provide.
B. An act or practice in violation of this section or section 33-423,  subsection B,  paragraph 2 is subject to enforcement through private action and prosecution by the attorney general or by the county attorney of the county in which the real property is located.
C. A person who receives marketing materials,  contracts or other communication in violation of this section may bring an action pursuant to this section in any court of competent jurisdiction in the county in which the real property is located.
D. In addition to any other remedies provided by law,  a third party provider who offers a disclosure report pursuant to section 33-423 and who is found to have violated this section is liable to the party receiving the marketing materials,  contracts or other communication for damages of not more than two thousand dollars per occurrence. In any action brought pursuant to this section the prevailing party shall be awarded reasonable attorney fees and costs.
E. A person who violates subsection A of this section is guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-432 - Presumption of intention to convey fee

33-432.
Presumption of intention to convey fee
A. Every estate in lands granted,  conveyed or devised,  although other words necessary at common law to transfer an estate in fee simple are not added,  shall be deemed a fee simple if a lesser estate is not limited by express words or does not appear to have been granted,  conveyed or devised by construction or operation of law.
B. In this chapter,  unless the context otherwise requires,  " land"  means and includes mines and mining claims.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-433 - Effect of alienation purporting to pass greater right than possessed by person making alienation

33-433.
Effect of alienation purporting to pass greater right than possessed by person making alienation
Alienations of real property,  made by any person purporting to pass or assure a greater right or estate than such person may lawfully pass or assure,  shall operate as alienations of as much of the right and estate in the lands,  tenements or hereditaments as the person might lawfully convey,  but such alienations shall not pass or bar the residue of the right or estate purporting to be conveyed or assured.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-434 - Covenants between purchaser and seller

33-434.
Covenants between purchaser and seller
No person shall be obliged to insert the covenant of warranty,  or restrained from inserting any clause in a conveyance which is deemed proper and advisable by the purchaser and seller,  and forms not contravening laws of the land shall not be invalidated.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-434.01 - Seller's duty to disclose; soil remediation; definition

33-434.01.
Seller's duty to disclose;  soil remediation;  definition
A. An owner of property that has been subject to soil remediation conducted pursuant to section 49-104,  subsection B,  paragraph 16 shall,  prior to transferring ownership of the property,  give written notice of the remediation to the purchaser,  if the owner has actual knowledge that the property has been subject to soil remediation. Written notice is not required where soil remediation attains standards for residential uses in accordance with rules adopted pursuant to section 49-104,  subsection B,  paragraph 16.
B. Actions brought under this section for failure of the seller to provide such written notice to the purchaser shall proceed as other civil actions.
C. For the purposes of this section,  the term " residential use"  means those uses of remediated property upon which there are dwellings where residents may reasonably be expected to be in frequent,  repeated contact with soil,  or other uses where natural persons are reasonably expected to be in similar contact,  such as child care centers and elementary schools.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-435 - Covenants implied from word "grant" or "convey"

33-435.
Covenants implied from word " grant"  or " convey"
A. If the word " grant"  or the word " convey"  is used in a conveyance by which an estate of inheritance or fee simple is to be passed,  the following covenants and none other,  on the part of the grantor for himself and his heirs,  to the grantee and his heirs and assigns,  are implied unless restrained by express terms contained in the conveyance:
1. That previous to the time of execution of the conveyance the grantor has not conveyed the same estate or any right,  title or interest therein,  to any person other than the grantee.
2. That the estate is at the time of execution of the conveyance free from encumbrances.
B. As used in this section,  the term " encumbrances"  includes taxes,  assessments and all liens on real property.
C. The implied covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-436 - Effect of insubstantial conditions in conveyance

33-436.
Effect of insubstantial conditions in conveyance
When a condition annexed to a grant or conveyance of land is merely nominal and without actual and substantial benefit to the party to whom or in whose favor it is to be performed,  it may be wholly disregarded,  and a failure to perform the condition shall not forfeit the lands conveyed subject thereto.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-437 - Defective conveyance as contract to convey

33-437.
Defective conveyance as contract to convey
When an instrument in writing,  intended as a conveyance of real property or some interest therein,  fails wholly or in part to take effect as a conveyance by virtue of the provisions of this chapter,  it is valid nevertheless and effectual as a contract upon which a conveyance may be enforced,  as far as rules of law permit.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-438 - Sale of property subject to certain liens and encumbrances

33-438.
Sale of property subject to certain liens and encumbrances
A. As used in this section,  " lien or encumbrance"  does not include taxes or assessments,  reservations in patents,  easements,  rights-of-way,  reservation of mineral rights,  covenants,  conditions or restrictions.
B. The sale of any lot or parcel of property which is subject to a lien or encumbrance or when the interest of the seller is held under option or contract of purchase or in trust,  shall be voidable by the buyer,  unless there is a provision in the instrument evidencing the lien,  encumbrance,  option,  contract or trust agreement,  or in a valid supplementary agreement,  assuring that the buyer will receive title free of the lien,  encumbrance,  option,  contract or trust agreement,  upon completion of all payments and performances of all the terms and provisions required to be made or performed by the buyer.
C. The buyer's right to void such sale may not be exercised if he has in fact received title,  free of such lien,  encumbrance,  option,  contract or trust. Any action to void such sale shall be commenced either within two years after discovery or after completion of all payments and performance of all terms and provisions required to be made or performed by the buyer,  whichever occurs first,  and not thereafter.
D. The buyer's right to void such sale shall be in addition to and shall not affect any other legal or equitable remedy.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-439 - Restrictions on installation or use of solar energy devices invalid; exception

33-439.
Restrictions on installation or use of solar energy devices invalid;  exception
A. Any covenant,  restriction or condition contained in any deed,  contract,  security agreement or other instrument affecting the transfer or sale of,  or any interest in,  real property which effectively prohibits the installation or use of a solar energy device as defined in section 44-1761 is void and unenforceable.
B. A deed,  contract,  security agreement or other instrument affecting the transfer or sale of,  or any interest in,  real property entered into before April 17,  1980 shall not be subject to the provisions of this section.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-441 - For sale signs; restrictions unenforceable

33-441.
For sale signs;  restrictions unenforceable
A. A covenant,  restriction or condition contained in any deed,  contract,  security agreement or other instrument affecting the transfer or sale of any interest in real property shall not be applied to prohibit the indoor or outdoor display of a for sale sign and a sign rider by a property owner on that person's property,  including a sign that indicates the person is offering the property for sale by owner. The size of a sign offering a property for sale shall be in conformance with the industry standard size sign,  which shall not exceed eighteen by twenty-four inches,  and the industry standard size sign rider,  which shall not exceed six by twenty-four inches.
B. This section applies to any covenant,  restriction or condition without regard to the date the covenant,  restriction or condition was created,  signed or recorded. This section does not apply to timeshare property and timeshare interest as defined in section 33-2202.
C. This section does not apply to a covenant,  restriction or condition in a deed,  contract,  security agreement or other instrument affecting the transfer or sale of an interest in real property that does not prohibit or restrict the display of a for sale sign or a sign rider on the real property.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-452 - Conveyance of community property

33-452.
Conveyance of community property
A conveyance or incumbrance of community property is not valid unless executed and acknowledged by both husband and wife,  except unpatented mining claims which may be conveyed or incumbered by the spouse having the title or right of possession without the other spouse joining in the conveyance or incumbrance.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-453 - Conveyance of homestead

33-453.
Conveyance of homestead
The homestead of a family shall not be conveyed or encumbered by a spouse without consent of the other spouse. The consent shall be evidenced by each spouse joining in the conveyance by signing their names thereto,  and also by acknowledgment thereof. Consent of a nonowner spouse shall not be required where the homestead property is conveyed or encumbered by an owner spouse who holds title to the property as sole and separate property.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-454 - Power of attorney from one spouse to the other to execute instruments relating to property

33-454.
Power of attorney from one spouse to the other to execute instruments relating to property
Either husband or wife may authorize the other by power of attorney,  executed and acknowledged in the manner conveyances of real property are executed and acknowledged,  to execute,  acknowledge and deliver,  in his or her name and behalf,  any conveyance,  mortgage or other instrument affecting the separate or community property or any interest therein of the spouse executing the power of attorney.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-455 - Conveyance of absolute title by judicial sale; effect upon rights of persons not parties

33-455.
Conveyance of absolute title by judicial sale;  effect upon rights of persons not parties
Every conveyance of real property by a commissioner,  sheriff or other officer legally authorized to sell such property by virtue of a decree or judgment of any court within this state,  shall be effectual to pass absolute title to the property to the purchaser thereof,  but the conveyance shall not affect the right,  title or interest of any person other than the parties to the conveyance,  decree or judgment,  and those claiming under them.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-457 - Fraudulent representation by married person of ability to convey realty; classification

33-457.
Fraudulent representation by married person of ability to convey realty;  classification
A married person who falsely and fraudulently represents himself or herself as competent to sell or mortgage real estate,  when the validity of the sale or mortgage requires the assent or concurrence of the wife or husband,  and,  under such representations,  knowingly conveys or mortgages the real estate,  is guilty of a class 5 felony.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-458 - Resale of realty with intent to defraud; classification

33-458.
Resale of realty with intent to defraud;  classification
A person who,  after selling,  bartering or disposing of,  or,  after executing a bond or agreement for the sale of land,  again knowingly and with intent to defraud previous or subsequent purchasers,  sells,  barters or disposes of,  or executes a bond or agreement to sell,  barter or dispose of the same land or any part thereof to any other person for a valuable consideration,  is guilty of a class 4 felony.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-511 - Acknowledgment within the state

33-511.
Acknowledgment within the state
The acknowledgment of any instrument may be made in this state before:
1. A judge of a court of record.
2. A clerk or deputy clerk of a court having a seal.
3. A recorder of deeds.
4. A notary public.
5. A justice of the peace.
6. A county recorder.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-701 - Interests which may be mortgaged; formal requirements; recording

33-701.
Interests which may be mortgaged;  formal requirements;  recording
A. Any interest in real property capable of being transferred may be mortgaged.
B. A mortgage may be created,  renewed or extended only by writing executed with the formalities required of a grant of real property,  and may be acknowledged,  certified and recorded in like manner and with like effect.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-702 - Mortgage defined; admissibility of proof that transfer is a mortgage

33-702.
Mortgage defined;  admissibility of proof that transfer is a mortgage
A. Every transfer of an interest in real property,  other than in trust,  or a trust deed subject to the provisions of chapter 6.1 of this title,  made only as a security for the performance of another act,  is a mortgage. The fact that a transfer was made subject to defeasance on a condition may,  for the purpose of showing that the transfer is a mortgage,  be proved except against a subsequent purchaser or encumbrancer for value and without notice,  notwithstanding that the fact does not appear by the terms of the instrument.
B. A mortgage or trust deed may provide for an assignment to the mortgagee or beneficiary of the interest of the mortgagor or trustor in leases,  rents,  issues,  profits or income from the property covered thereby,  whether effective before,  upon or after a default under such mortgage or trust deed or any contract secured thereby,  and such assignment may be enforced without regard to the adequacy of the security or the solvency of the mortgagor or trustor by any one or more of the following methods:
1. The appointment of a receiver.
2. The mortgagee or beneficiary taking possession of the property,  or without the mortgagee or beneficiary taking possession of the property.
3. Collecting such monies directly from the parties obligated for payment.
4. Injunction.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-703 - Effect of mortgage as lien; right to possession of mortgaged property; rights of mortgagee in property acquired by mortgagor after execution of mortgage

33-703.
Effect of mortgage as lien;  right to possession of mortgaged property;  rights of mortgagee in property acquired by mortgagor after execution of mortgage
A. A mortgage is a lien upon everything that would pass by a grant of the property,  but does not entitle the mortgagee to possession of the property unless authorized by the express terms of the mortgage. After execution of the mortgage,  the mortgagor may agree to a change of possession without a new consideration.
B. Title acquired by the mortgagor subsequent to the execution of the mortgage inures to the mortgagee as security as if acquired before the execution.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-704 - Performance of assessment work or payment of maintenance fees on mining claim by mortgagee; expense as additional debt secured by mortgage

33-704.
Performance of assessment work or payment of maintenance fees on mining claim by mortgagee;  expense as additional debt secured by mortgage
The mortgagee,  if the mortgaged property or part thereof consists of unpatented mining claims,  may perform the annual labor or improvement,  or pay the maintenance fees required by law to prevent the forfeiture of the claim,  and the amount expended for that purpose shall be an additional debt secured by the mortgage,  and included in the judgment of foreclosure,  or,  if expended after judgment,  but before sale,  added to the amount of the execution.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-705 - Purchase money mortgage or deed of trust; priority

33-705.
Purchase money mortgage or deed of trust;  priority
A mortgage or deed of trust that is given as security for a loan made to purchase the real property that is encumbered by the mortgage or deed of trust has priority over all other liens and encumbrances that are incurred against the purchaser before acquiring title to the real property.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-708 - Release by attorney in fact

33-708.
Release by attorney in fact
An attorney in fact to whom the money due on a mortgage or deed of trust is paid may execute the release provided for in this article. Such acknowledgment of satisfaction or deed of release,  duly acknowledged and recorded,  showing the docket and page or recording number,  releases the mortgage or deed of trust and revests in the mortgagor or person who executed the deed of trust,  or his legal representatives,  all title to the property affected by the mortgage or deed of trust.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-709 - Acknowledgment of satisfaction by personal representative of mortgagee to whom indebtedness was paid before death

33-709.
Acknowledgment of satisfaction by personal representative of mortgagee to whom indebtedness was paid before death
The executor or administrator of a mortgagee or of the holder or owner of an indebtedness secured by a mortgage or deed of trust shall,  if the indebtedness was paid to the decedent in his lifetime,  acknowledge satisfaction thereof by delivering to such person a sufficient release,  satisfaction of mortgage or deed of release of the mortgage or deed of trust or acknowledge satisfaction as provided in subsection C of section 33-707. If the executor or administrator,  upon proof to him of the payment of the indebtedness to his decedent,  does not,  within thirty days,  acknowledge satisfaction by delivering to the person owning the property a sufficient release,  satisfaction of mortgage or deed of release,  or acknowledge satisfaction as provided in subsection C of section 33-707,  he shall personally forfeit to the party aggrieved one hundred dollars and be personally liable for the damages thereby sustained. The executor or administrator shall not be liable to the estate of which he is executor or administrator for any indebtedness by mortgage or deed of trust released by him in accordance with this section.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-710 - Release by foreign personal representative, administrator, guardian or conservator

33-710.
Release by foreign personal representative,  administrator,  guardian or conservator
When a personal representative or administrator of the estate of a person not a resident of this state at the time of his death has been appointed in another state or foreign country,  and no personal representative or administrator has been appointed in this state,  or when a guardian or conservator of a minor has been appointed in another state or foreign country,  such foreign personal representative,  administrator,  guardian or conservator,  upon recording an authenticated copy of his appointment in the recorder's office of the county in which the mortgage held by the estate of the deceased person or minor is recorded,  may execute satisfaction or deeds of release of mortgages upon property located in this state in the same manner as personal representatives,  administrators,  guardians or conservators appointed in this state.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-711 - Release by heir or legatee

33-711.
Release by heir or legatee
An heir or legatee of a deceased person,  residing within or without the state,  upon recording in the office of the county recorder sufficient proof of his ownership of a mortgage or deed of trust may,  in the same manner as a personal representative of a deceased mortgagee or owner of the indebtedness secured by a mortgage or deed of trust,  release such instruments by recording a release of mortgage or deed of trust.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-712 - Liability for failure to acknowledge satisfaction

33-712.
Liability for failure to acknowledge satisfaction
A. If any person receiving satisfaction of a mortgage or deed of trust shall,  within thirty days,  fail to record or cause to be recorded,  with the recorder of the county in which the mortgage or deed of trust was recorded,  a sufficient release,  satisfaction of mortgage or deed of release or acknowledge satisfaction as provided in section 33-707,  subsection C,  he shall be liable to the mortgagor,  trustor or current property owner for actual damages occasioned by the neglect or refusal.
B. If,  after the expiration of the time provided in subsection A of this section,  the person fails to record or cause to be recorded a sufficient release and continues to do so for more than thirty days after receiving a written request which identifies a certain mortgage or deed of trust by certified mail from the mortgagor,  trustor,  current property owner or his agent,  he shall be liable to the mortgagor,  trustor or current property owner for one thousand dollars,  in addition to any actual damage occasioned by the neglect or refusal.
C. Any action to enforce the provisions of this section,  including any action to recover amounts due under this section,  shall be brought and maintained in the individual names of,  and shall be prosecuted by,  persons entitled to recover under the terms thereof,  and not in a representative capacity or otherwise. This subsection shall apply to all actions under this section,  whether brought before or after July 13,  1988.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-713 - Discharge by order of court; proof required; effect

33-713.
Discharge by order of court;  proof required;  effect
The superior court of the county in which a mortgage is legally recorded may make an order discharging the mortgage of record on proof that the mortgage has been fully paid and satisfied and that the mortgagee or his assignee is a nonresident of the county where the mortgage is recorded,  or is deceased,  and that there is no personal representative of the estate appointed under the authority of this state. Upon proof that the same circumstances exist with respect to a deed of trust,  the superior court in the county in which a deed of trust is legally recorded may make an order releasing the deed of trust and directing reconveyance of the property. The county recorder shall record a certified copy of the order showing the docket and page or recording number of the recorded mortgage or deed of trust,  and the record shall have the same effect as the record of discharge by the mortgagee or a release and reconveyance for the deed of trust.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-714 - Expiration of mortgage and deed of trust; applicability

33-714.
Expiration of mortgage and deed of trust;  applicability
A. The lien of any mortgage or deed of trust on any real property that is not otherwise satisfied or discharged expires at the later of the following times:
1. If the final maturity date or the last date fixed for payment of the debt or performance of the obligation is ascertainable from the county recorder's records,  ten years after that date.
2. If the final maturity date or the last date fixed for payment of the debt or performance of the obligation is not ascertainable from the county recorder's records or if there is no final maturity date or last date fixed for payment of the debt or performance of the obligation,  fifty years after the date the mortgage or deed of trust was recorded.
3. If a notice of intent to preserve mortgage or deed of trust is recorded within the time prescribed in paragraph 1 or 2,  ten years after the date the notice is recorded.
B. The notice of intent to preserve mortgage or deed of trust shall be executed by the owner of the obligation secured by the mortgage or deed of trust and shall contain the instrument number or recorder's number of the mortgage or deed of trust.
C. Expiration of the lien of a mortgage or deed of trust pursuant to this section is equivalent for all purposes to a satisfaction,  reconveyance,  release or other discharge of the lien.
D. This section applies to all mortgages or deeds of trust whether created before or after the effective date of this section.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-721 - Foreclosure of mortgage by court action

33-721.
Foreclosure of mortgage by court action
Mortgages of real property and deeds of trust of a type not included in the definition of deed of trust provided in section 33-801,  notwithstanding any other provision in the mortgage or deed,  shall be foreclosed by action in a court.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-723 - Right of junior lien holder upon foreclosure action by senior lien holder

33-723.
Right of junior lien holder upon foreclosure action by senior lien holder
Any time after an action to foreclose a mortgage or deed of trust is brought,  and prior to the sale,  a person having a junior lien on the property shall be entitled to an assignment of all the interest of the holder of the mortgage or deed of trust by paying him the amount secured,  with interest and costs,  together with the amount of any other superior liens of the same holder. The assignee may then continue the action in his name.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-724 - State as party to foreclosure actions

33-724.
State as party to foreclosure actions
A. The state may be made a party to an action to foreclose a mortgage upon real property when the state claims any estate,  interest in or lien upon such real property. The complaint shall set forth the nature of the estate,  interest or lien allegedly claimed by the state.
B. When the state is made defendant,  a copy of the summons and complaint shall be served upon the attorney general if the action is pending in Maricopa county,  or upon the county attorney of the county where the action is pending if in a county other than Maricopa,  and it shall be the duty of such county attorney forthwith to transmit the summons and complaint to the attorney general and to file pleadings in the action as directed by the attorney general.
C. If after appropriate investigation,  it appears to the attorney general that the proceeds from the sale of the property would be insufficient to wholly or partly satisfy any inferior lien of the state,  or that the claim of the state has been satisfied or by lapse of time or otherwise has become unenforceable,  the attorney general may file a disclaimer of interest releasing the property from such lien.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-725 - Judgment of foreclosure; contents; sale of property; resale

33-725.
Judgment of foreclosure;  contents;  sale of property;  resale
A. When a mortgage or deed of trust is foreclosed,  the court shall give judgment for the entire amount determined due,  and shall direct the mortgaged property,  or as much thereof as is necessary to satisfy the judgment,  to be sold.
B. Judgments for the foreclosure of mortgages and other liens shall provide that the plaintiff recover his debt,  damages and costs,  with a foreclosure of the plaintiff's lien on the property subject to the lien,  and,  except in judgments against executors,  administrators and guardians,  that a special execution issue to the sheriff or any constable of the county where the property is located,  directing him to seize and sell the property as under execution,  in satisfaction of the judgment. If the property cannot be found,  or if the proceeds of the sale are insufficient to satisfy the judgment,  then if so ordered by the court the sheriff shall take the money or any balance thereof remaining unpaid out of any other property of the defendant except as provided in sections 33-729 and 33-730. All execution upon judgments for foreclosure of a mortgage or deed of trust upon real property shall comply with section 12-1566. Any sale of real property to satisfy a judgment under this section or section 33-814 shall be a credit on the judgment in the amount of either the fair market value of the real property or the sale price of the real property at sheriff's sale,  whichever is greater,  in accordance with section 12-1566.
C. If the debt for which the lien is held is not all due,  as soon as enough of the property is sold to pay the amount due,  with costs,  the sale shall cease,  and afterward as often as more becomes due for principal and interest,  the court may,  on motion,  order more property sold. If the property cannot be sold in portions without injury to the parties,  the whole may be ordered sold in the first instance and the entire debt and costs paid,  allowing a rebate of interest where proper.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-726 - Redemption of property by payment to officer directed under foreclosure judgment to sell the property

33-726.
Redemption of property by payment to officer directed under foreclosure judgment to sell the property
If payment is made to the officer directed to sell mortgaged property under a foreclosure judgment,  before the foreclosure sale takes place,  the officer shall make a certificate of payment and acknowledge it,  and the certificate shall be recorded in the office in which the mortgage or deed of trust is recorded.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-727 - Sale under execution; deficiency; order of liens; writ of possession

33-727.
Sale under execution;  deficiency;  order of liens;  writ of possession
A. Except as provided in sections 33-729 and 33-730,  if the mortgaged property does not sell for an amount sufficient to satisfy the judgment,  an execution may be issued for the balance against the mortgagor where there has been personal service,  or the defendant has appeared in the action.
B. If there are other liens on the property sold,  or other payments secured by the same mortgage,  they shall be paid in their order,  and if the money secured by any such lien is not yet due,  a rebate of interest,  to be ascertained by the court,  shall be made by the holder,  or his lien on such property will be postponed to those of a junior date,  and if there are no other liens the balance shall be paid to the mortgagor. If redemption is not made and the mortgagor or his assigns refuse,  after expiration of the time for redemption,  to deliver possession of the foreclosed property,  the court shall order a writ of possession issued placing the purchaser or his assigns in possession. All executions upon judgments for foreclosure of a mortgage or deed of trust upon real property shall comply with section 12-1566. Any sale of real property to satisfy a judgment under section 33-725 or 33-814 shall be a credit on the judgment in the amount of either the fair market value of the real property or the sale price of the real property at sheriff's sale,  whichever is greater,  in accordance with section 12-1566.