courts; time payment fee.
(now: property tax liens)
dp |
Committee on Judiciary |
|
|
w/d |
Committee on Appropriations |
|
|
dpa |
Caucus and COW |
|
|
x |
As Transmitted to the Governor |
|
HB 2283 clarifies tax lien priority and broadens foreclosure notice requirements.
Arizona law allows a tax lienholder to file a notice of foreclosure on a parcel of real property after holding the lien for three years. There is no requirement that the foreclosing lienholder notice other lienholders. Ambiguity in the law gave rise to the question of whether a tax lienholder could foreclose tax liens from other years. A recent Arizona Court of Appeals decision, Bauza Holdings, L.L.C. v. Primeco, Inc. (18 P.3d 132 (Jan. 25, 2001)), held that a tax lien takes priority over all other liens, except liens held by the state or liens for taxes accruing in any other year (emphasis added). This means that a tax lienholder cannot foreclose tax liens from other year, and takes title to property in a foreclosure action subject to unextinguished liens.
· Specifies that a tax lien does not have priority over liens for taxes accruing in any other years.
· Authorizes the purchaser of a tax lien to send notice of intent to file a foreclosure action to several addresses other than just the address of the property owner of record.
·
·
·
---------- DOCUMENT FOOTER
---------
·
45th Legislature
·
First Regular Session 2 April
19, 2001
·
·
---------- DOCUMENT FOOTER
---------