Bill Text: AZ HB2720 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: Notice of sale; trustee; affidavit
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-06 - Referred to House RULES Committee [HB2720 Detail]
Download: Arizona-2012-HB2720-Introduced.html
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REFERENCE TITLE: notice of sale; trustee; affidavit |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2720 |
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Introduced by Representative Seel
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AN ACT
amending title 33, chapter 6.1, article 1, Arizona Revised Statutes, by adding section 33-807.02; relating to deeds of trust.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, chapter 6.1, article 1, Arizona Revised Statutes, is amended by adding section 33-807.02, to read:
33-807.02. Trustee's affidavit; remedy; attorney fees
A. Any trustee who records a notice of sale as prescribed in section 33‑808 shall record an affidavit signed under penalty of perjury that discloses prior and current parties' interests in the deed of trust. The affidavit shall contain the following information in chronological order:
1. The full name and current address of record of prior and current parties with an interest in the deed of trust.
2. The date, place and recordation number or other unique designation of the instrument, and a description of the instrument that conveyed the interest of Each party.
B. The affidavit prescribed by this section shall be recorded at the same time and place that the notice of trustee's sale is recorded pursuant to section 33-808, and a copy of the affidavit shall be included with the mailed notice of trustee's sale as prescribed in section 33-809.
C. Failure to properly record and mail the affidavit as prescribed by this section shall void the notice of sale.
D. Any person with an interest in the trust property may file an action to void the trustee's sale for failure to comply with this section and is entitled to an award of attorney fees as well as damages as otherwise provided by law if the person substantially prevails, including an award of attorney fees for any injunction or other provisional remedies related to the claim.
