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Senate Engrossed House Bill
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State of Arizona
House of Representatives
Forty-fifth Legislature
First Regular Session
2001
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CHAPTER 249
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HOUSE BILL 2294
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AN ACT
AMENDING SECTIONS 42-18115, 42-18204 AND 42-18258, ARIZONA REVISED STATUTES; RELATING TO TAX LIEN FORECLOSURE.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 42-18115, Arizona Revised Statutes, is amended to read:
42-18115. Easements and liens not extinguished by sale
A. The sale of a real property tax lien does not extinguish any easement on or appurtenant to the property.
B. THE SALE OF A REAL PROPERTY TAX LIEN DOES NOT EXTINGUISH ANY LIEN FOR AN ASSESSMENT LEVIED PURSUANT TO TITLE 48, CHAPTER 4, 6 OR 14, OR SECTION 9-276.
Sec. 2. Section 42-18204, Arizona Revised Statutes, is amended to read:
42-18204. Judgment foreclosing right to redeem; effect
A. In an action to foreclose the right to redeem, if the court finds that the sale is valid, and that the tax lien has not been redeemed, the court shall enter judgment:
1. Foreclosing the right of the defendant to redeem.
2. Directing the county treasurer to expeditiously execute and deliver to the party in whose favor judgment is entered, including the state, a deed conveying the property described in the certificate of purchase.
B. After entering judgment the parties whose rights to redeem the tax lien are thereby foreclosed have no further legal or equitable right, title or interest in the property subject to the right of appeal and stay of execution as in other civil actions.
C. The foreclosure of the right to redeem does not extinguish any easement on or appurtenant to the property.
D. THE FORECLOSURE OF THE RIGHT TO REDEEM DOES NOT EXTINGUISH ANY LIEN FOR AN ASSESSMENT LEVIED PURSUANT TO TITLE 48, CHAPTER 4, 6 OR 14, OR SECTION 9-276.
Sec. 3. Section 42-18258, Arizona Revised Statutes, is amended to read:
42-18258. Issuance of treasurer's deed; form
A. If the property is not redeemed before the date stated in the notice, on receiving a fee of ten dollars the treasurer shall expeditiously execute and deliver to the applicant a treasurer's deed conveying to the applicant or to the applicant's assigns the real property that was sold at the tax sale. On the delivery of the deed the rights of all persons to redeem, whether or not named in the notice, terminate.
B. The treasurer's deed may be in the following form:
Treasurer's deed
On (Date) , I, treasurer of _______________ county, Arizona, published notice according to law in ______________, a newspaper of general circulation in _______ county, Arizona, that:
1. __________ applied for a treasurer's deed to the real property described below; and
2. Unless the tax lien was redeemed before (Date) , I would issue a treasurer's deed to __________.
The property tax lien was not redeemed from that sale, and, therefore, I foreclose the right to redeem and convey to __________ the following real property located in __________ county, Arizona:
(Description)
______________________________________
_____________________ County treasurer
(Date)
(Acknowledgment)
C. The foreclosure of the right to redeem does not extinguish any easement on or appurtenant to the property.
D. THE FORECLOSURE OF THE RIGHT TO REDEEM OR THE ISSUANCE OF A TREASURER'S DEED DOES NOT EXTINGUISH ANY LIEN FOR AN ASSESSMENT LEVIED PURSUANT TO TITLE 48, CHAPTER 4, 6 OR 14, OR SECTION 9-276.
APPROVED BY THE GOVERNOR APRIL 25, 2001.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 25, 2001.