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Arizona Real Estate Statutes:

Judgment Liens

33-961. Filing judgments for payment of money; certified copy of judgment; recording copy to perfect lien against real property; information statement
A. A copy of the judgment of a court, certified by the clerk, shall be filed and recorded in the office of the county recorder in each county where the judgment creditor desires the judgment to become a lien upon the real property of the judgment debtor before the judgment shall become a lien upon or in any manner affect or encumber the real property of the judgment debtor, or any part of the real property of the judgment debtor. The certified copy of the judgment shall set forth the:
1. Title of the court and the action and number of the action.
2. Date of entry of the judgment and the docket record thereof.
3. Names of the judgment debtor and judgment creditor.
4. Amount of the judgment.
5. Attorney of record for the judgment creditor.
B. The clerk shall furnish a certified copy of any judgment filed in his office upon request and payment of the fee prescribed by law.
C. A judgment or decree or any renewal that requires payment of money shall also be accompanied by an information statement as prescribed by section 33-967.

33-962. Procedure for filing judgment of justice or municipal court; recording; lien
A. The clerk of the superior court, upon presentation of a certified transcript of a judgment for more than fifteen dollars, exclusive of costs, given by a justice or municipal court, shall forthwith file the judgment. The judgment, from the time of filing the transcript thereof, shall be deemed the judgment of the superior court, shall be in the control thereof, and shall be carried into execution in the same manner and with like effect as a judgment of the superior court.
B. Such judgment shall be recorded in the manner provided in section 33-961 before it becomes a lien upon or in any manner affects or encumbers the real property of the judgment debtor or any part thereof.

33-963. Procedure for recording judgment of federal court; lien
An abstract of a judgment given by any court of record of the United States within this state shall be recorded in the manner provided in section 33-961 and in compliance with section 33-967, if applicable, before the judgment becomes a lien upon, or in any manner affects or encumbers, the real property of the judgment debtor, or any part thereof.

33-964. Lien of judgment; duration; exemption of homestead; acknowledgment of satisfaction by judgment creditor
A. Except as provided in sections 33-729 and 33-730, from and after the time of recording as provided in section 33-961, a judgment shall become a lien for a period of five years from the date it is given, on all real property of the judgment debtor except real property exempt from execution, including homestead property, in the county in which the judgment is recorded, whether the property is then owned by the judgment debtor or is later acquired. A judgment lien for support, as defined in section 25-500, remains in effect until satisfied or lifted.
B. Except as provided in section 33-1103, a recorded judgment shall not become a lien on any homestead property. Any person entitled to a homestead on real property as provided by law holds the homestead property free and clear of the judgment lien.
C. A judgment of the justice court, municipal court, superior court or United States court that has become a lien under this article, immediately on the payment or satisfaction of the judgment, shall be discharged of record by the judgment creditor or the judgment creditor's attorney by recording a satisfaction of judgment with the county recorder of the county in which the judgment is recorded. The judgment creditor or the judgment creditor's attorney shall enter a notation of satisfaction on the docket of the clerk of the superior court of each county in which the judgment has been entered or docketed, and in a like manner enter a notation of satisfaction on the docket of the clerk of the United States district court.
D. In a title IV-D case, if the title IV-D agency or its agent is listed as the holder of the lien and the judgment has been satisfied but the obligee is unwilling to sign the release of the lien or, after reasonable efforts, cannot be located to sign the release of the lien, the title IV-D agency or its agent may sign the satisfaction of judgment and release of lien without the signature of the obligee. The title IV-D agency or its agent shall send a copy by first class mail to the last known address of the obligee.

33-965. Entry of reversal or remittitur upon judgment docket; affidavit
When a judgment which has been docketed or recorded is reversed on appeal, and the judgment of reversal is filed, or a remittitur is filed, the clerk shall forthwith make entry thereof on the docket. The entry of such reversal or remittitur shall be made by affidavit to be submitted by such judgment creditor or his counsel, which shall thereupon be recorded and indexed as releases of judgment are recorded and indexed.

33-966. Superiority of lien for personal injury judgment against person operating railway
A. Judgment against a person operating a railway, or a street railway for injury to any person or property in the operation of the railway shall be a lien within the county where judgment is given, upon the property of such person prior and superior to the lien of any mortgage or trust deed.

33-967. Money judgment; information statement; amendment to recorded judgment
A. In addition to the requirements prescribed by section 33-961, any judgment or decree or any renewal that requires the payment of money and that is recorded on or after January 1, 1997, shall be attached to a separate information statement of the judgment creditor that contains all of the following information:
1. The correct name and last known address of each judgment debtor and the address at which each judgment debtor received the summons by personal service or by mail.
2. The name and address of the judgment creditor.
3. The amount of the judgment or decree as entered or as most recently renewed.
4. If the judgment debtor is a natural person, the judgment debtor's social security number, date of birth and driver license number.
5. Whether a stay of enforcement has been ordered by the court and the date the stay expires.
B. Except as provided in this subsection, the separate statement shall contain the information prescribed by subsection A of this section if the information is known to the judgment creditor or available to the judgment creditor from its records, its attorney's records or the court records in the action in which the judgment was entered. If any of the required information is not known, the judgment creditor shall so state. The judgment debtor's social security number shall be included in the separate statement only if it has been provided voluntarily to the judgment creditor by the judgment debtor.
C. A judgment or decree or any renewal that requires the payment of money, that is recorded on or after January 1, 1997 and that is not accompanied by the separate statement as prescribed by subsection A of this section may be amended by recording a document entitled "amendment to recorded judgment" in compliance with subsection A of this section. The amendment to recorded judgment shall state the date of recording and the indexing or document number of the official records of the county recorder for the original recorded judgment or decree and any renewals.
D. A judgment or decree or any renewal that requires the payment of money recorded on or after January 1, 1997, has as its priority the date of compliance with subsection A of this section.
E. Recording an amendment to recorded judgment does not affect the computation of time prescribed by section 33-964.

33-968. Erroneously identified property owner; lien; release
A. 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. The demand shall be accompanied by reasonable proof that the property owner is not the judgment debtor and that the property is not subject to enforcement of the judgment against the judgment debtor.
B. Within fifteen days after receipt of the property owner's demand and compliance with subsection A, the judgment creditor shall deliver to the property owner a recordable document that releases the lien on the property of that owner. If the judgment creditor improperly fails to deliver a recordable document within that time, the judgment creditor is liable to the property owner for all damages incurred by reason of the failure and is presumed liable for at least five hundred dollars.
C. If the judgment creditor does not deliver a document as prescribed by subsection B, the property owner may apply to the court for an order releasing the judgment lien. The application shall be served on the judgment creditor. On presentation of evidence satisfactory to the court that the property is not subject to the judgment, the court shall order the judgment creditor to prepare and deliver a recordable document that releases the lien or by order of the court may release the judgment lien on the property. The order may be recorded in the office of the county recorder in the county where the property is located and shall release the judgment lien on the property.
D. The court shall award reasonable attorney fees to the prevailing party in any action pursuant to this section.
E. The damages and other remedies provided by this section are not in derogation of any other remedy that a person may be entitled to by law.

 


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