Hello, this is Dave at TitleSearch.com, and in this video, we’ll be unraveling the intricacies of conducting title searches in the beautiful state of Arizona. Join me as we explore essential facts and considerations when it comes to title records in the Grand Canyon State.
Arizona’s County-Level Title Records
Arizona follows a county-level structure for maintaining title records, with a total of 15 counties in the state. Our team of examiners diligently covers each of these counties every day, ensuring comprehensive coverage for all your title search needs.
Non-Judicial State and Deed of Trust
Arizona operates as a non-judicial state, utilizing deeds of trust for lending money on properties. This system streamlines the foreclosure process, allowing it to be handled without involving the court system. The real estate attorney or trustee appointed by the lender can conduct a trustee sale without requiring the involvement of law enforcement.
Notable Facts About Arizona Title Records
Arizona presents several unique aspects concerning title records. Unlike some states, Arizona does not have a Marketable Title Act, meaning there’s no specified timeframe for a search to establish marketable title. Additionally, in most cases, a quitclaim deed in Arizona takes priority over an unrecorded warranty deed.
Adverse Possession, Judgment Enforcement, and Mechanics Liens
Adverse possession in Arizona is governed by a 10-year timeline. If a party possesses a property openly and notoriously for a decade, they may acquire a property interest through adverse possession. Judgment enforcement, acting as a lien on a property, has a 5-year time limit, with the possibility of renewal. However, child support judgments and liens have no limit and remain indefinitely.
It’s important to note that a mechanics lien in Arizona does not take precedence over a pre-existing mortgage. The mortgage maintains its position as the first priority.
Attorney-Only Preparation of Real Estate Documents
In Arizona, only an attorney can prepare real estate documents such as deeds, liens, or mortgages. This emphasizes the importance of involving an attorney for any transfers or transactions involving these documents.
Seeking Further Assistance
While this video provides a foundational understanding, it’s not intended as legal advice, and it doesn’t cover all the laws and rules of Arizona. If you have specific questions or need assistance with title searches, feel free to give us a call. Visit our website at TitleSearch.com, and click on the link below this video to access more information directly from our site. We’re here to help you navigate the unique landscape of title searches in Arizona.