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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
recorded documents; property; notification
Purpose
Requires the county recorder (recorder), by January 1, 2024, to provide a system for notifying a property owner when any document is recorded against that owner's property and specifies that opting into the system is voluntary for the property owner.
Background
The recorder is required to have custody and keep all records, maps and papers deposited in the recorder's office. The recorder must record all instruments consecutively at the time they are received and must affix to each instrument, either by hand or in a digitized form, a notation or notations sufficient to provide: 1) a record identification to uniquely identify each instrument and to fix its position within the sequence of recordings; and 2) a record location to enable each instrument to be retrieved for purposes of inspection (A.R.S. § 11-461).
All books of record and indices in the recorder's office and all instruments and papers on file must be open for inspection during office hours by any person and may be inspected without charge. The recorder must arrange the books of record and indices, or copies of the books and indices, in suitable places to facilitate the inspection (A.R.S. § 11-473).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the Recorder, by January 1, 2024, to provide a system for notifying a property owner when any document is recorded against that owner's property.
2. Specifies that the system is voluntary for the property owner.
3. Requires the notice to be provided promptly by email, text message or other similar means.
4. Becomes effective on the general effective date.
Prepared by Senate Research
January 24, 2023
ZD/SB/sr