House of Representatives

HB 2287

nonconsensual liens; notice

Sponsors: Representatives Voss, Nelson, Senator Richardson, et al.

DP	Committee on Counties & Municipalities
X	Committee on Commerce & Economic Development
	Caucus and COW
	As Passed the House

HB 2287 allows a recorder to accept a notice of an invalid lien from the Attorney General or the County Attorney.

History

Before 1997, Arizona law did not prohibit individuals and groups from filing commercial and common law liens against any owner of Arizona real estate.

In 1997, [Laws 1997, Chapter 191] the Arizona Legislature declared nonconsensual liens against a public officer or employee a form of harassment. This legislation further declared such liens invalid unless accompanied by a court order or judgement.

In 2000, [Laws 2000, Chapter 100] legislation was passed to prohibit nonconsensual liens from being filed on members of the general public. However, in this legislation the provision that allowed a recorder to accept a notice of an invalid lien was deleted.

Provisions

· Requires recording/filing officers to accept a notice of an invalid lien from the Attorney General or the County Attorney.

· Stipulates that the Attorney General or the County Attorney must mail a copy of the invalid lien to the designated creditor and the recorder of the nonconsensual lien.

· Specifies that the modifications made to §47-9528 shall be applied retroactively from and after June 30, 2001.

HB 2287 passed the Counties & Municipalities Committee unamended.

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45th Legislature

First Regular Session 2 January 30, 2001

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