Bill Text: AZ SB1471 | 2014 | Fifty-first Legislature 2nd Regular | Introduced
Bill Title: Recorded documents; false filings; liability
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2014-02-10 - Referred to Senate RULES Committee [SB1471 Detail]
Download: Arizona-2014-SB1471-Introduced.html
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REFERENCE TITLE: recorded documents; false filings; liability |
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State of Arizona Senate Fifty-first Legislature Second Regular Session 2014
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SB 1471 |
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Introduced by Senator Driggs; Representative Brophy McGee
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AN ACT
amending section 33-420, Arizona Revised Statutes; relating to recorded documents.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-420, Arizona Revised Statutes, is amended to read:
33-420. False documents; liability; special action; damages; violation; classification
A. A person purporting who purports to claim an interest in, or a lien or encumbrance against, real property, including any claim of easement and any claim based on a provision in a declaration of restrictive covenants against real property, and 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, or 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 or other document is forged, or 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 that purports to create an interest in, or a lien or encumbrance against, real property as prescribed in subsection A of this section and who knows that the document is forged, or 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 that purports to create an interest in, or a lien or encumbrance against, real property as prescribed in subsection A of this section and that is not authorized by statute, judgment or other specific legal authority is presumed to be groundless and invalid.
E. A person purporting who purports to claim an interest in, or a lien or encumbrance against, real property, as prescribed in subsection A of this section and 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, or groundless, contains a material misstatement or false claim or is otherwise invalid, is guilty of a class 1 misdemeanor.
