ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: GOV DP 7-0-0-0

HB 2831: recorded instruments; owner notice; delay

Sponsor: Representative Contreras P, LD 12

Caucus & COW

Overview

Prohibits the County Recorder from recording instruments involving the sale of real property for five business days, mandates notice be sent to the listed seller and directs the County Recorder to withhold recording upon the seller's request.

History

The County Recorder must promptly record each authorized instrument deposited for record, along with any acknowledgments, proofs, affidavits, certificates and related documents. The instrument must be recorded exactly as deposited and include the time, date and year of submission. The County Recorder is required to establish and maintain a system for notifying individuals or entities when a document naming them as a party is recorded. Participation in the system is voluntary, and notices must be sent promptly via email, text message or similar means (A.R.S. §§ 11-467, 11-471).

Provisions

1. Specifies the County Recorder cannot record instruments for the sale of real property for five business days. (Sec. 1)

2. Requires the County Recorder to provide notice, in a manner outlined by law, to the seller identified on the instrument. (Sec. 1)

3. Requires the County Recorder to refrain from recording the instrument if the seller, after receiving the required notice, requests that it not be recorded. (Sec. 1)

4. Makes technical and conforming changes. (Sec. 1)

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8. HB 2831

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