Arizona Lien: A Complete Guide to Liens in the State

A lien is a form of legal claim attached to a property, often as a consequence for outstanding debts. It gives the claimant an enforceable right over the property and limits the property owner from selling it until the lien is resolved. Each state has its own lien rules; therefore, it is important for individuals and organizations to understand how liens work in Arizona.

What Is a Lien in Arizona?

In Arizona, liens can be attached to both personal and real property. The legal framework for these claims is provided in the Arizona Revised Statutes. Once liens are recorded, they become part of the public record and can notify lenders and potential buyers that the property has a debt claim.

Until the underlying obligation is satisfied, a lien can hinder the property owner from selling the asset. Likewise, the presence of a lien can discourage buyers from completing a property purchase.

Types of Liens in Arizona

Under Arizona law, individuals or the government can file the following types of liens:

1. Judgment lien on Real Property (A.R.S. § 33-961 - § 33-964)

A judgment lien on real property is created by recording a certified copy of a court’s judgment with the county recorder’s office where the property is located. This action secures the creditor’s right to be paid if the property is sold.

2. Mechanic’s and Materialmen’s Liens (A.R.S. § 33-981 - § 33-1008) These liens provide legal claims that protect material suppliers and contractors who have provided labor or materials but have not been paid.
3. Personal Property Liens (A.R.S. Title 33, Chapter 7, Article 7)

This is an encumbrance on an individual’s movable possessions to secure a debt. It gives the lienholder the right to take and sell the property to recover the money owed.

a. Labor and Materials Lien (A.R.S. § 33-1021)

This statute allows mechanics, repairers, or artisans to place a lien on personal property for unpaid labor.

b. Garages; Aircraft Liens (A.R.S. § 33-1022)

These liens are used to secure payment for services rendered, such as storage, labor, and materials.

c. Landlord’s Lien (A.R.S. § 33-362)

Under this law, a landlord has a legal claim against a tenant’s personal property located on the leased premises to secure unpaid rents.

4. Commercial Real Estate Broker Lien (A.R.S. § 33-1071 - A.R.S. § 33-1076)

This lien allows a licensed broker to claim a lien against the property they helped lease or rent when the owner refuses to pay the agreed-upon commission.

How to Search for Liens in Arizona

As part of public records, anyone can find Arizona lien records through different sources, such as:

• County Recorder’s Offices: In Arizona, each county maintains its own lien and property filings. To find lien records, individuals must provide specific property details like document number, parcel information, and owner’s name.
• Statewide Portal: The Public Access to Case Information Portal allows users to find case information, including judgment liens.
• Title Companies and Third-Party Search Tools: These services offer detailed lien searches which are commonly used during estate closings.
• Online County Databases: Individuals can search for lien records through their county’s online portals. These services are provided in many counties like Maricopa and Pima.

When searching for lien records in Arizona, record seekers may expect to find details such as the lienholder’s name, type of lien, filing date, and the amount owed.

Lien Records in Major Arizona Cities

The process for locating lien records can differ between counties in Arizona. Below is an overview of how it works in some of the state’s largest counties:

• Phoenix (Maricopa County): By using the Records Document Search tool, anyone can find liens and deeds recorded with the Maricopa County Recorder’s Office.
• Tucson (Pima County): Interested parties can visit the Pima County Recorder in person to view recorded liens and other property filings.
• Mesa (Maricopa County): Similar to Phoenix, Mesa lien records are maintained by the Maricopa County Recorder’s Office.
• Chandler (Maricopa County): Chandler residents can find lien records through the Maricopa’s Records Document Search tool.
• Scottsdale (Maricopa County): To find lien records for Scottsdale, individuals may either visit the Maricopa Recorder’s Office or use the designated online portal.

How Long Does a Lien Stay on Property in Arizona?

In Arizona, the length of time a lien remains valid depends on its type:

• Personal Property Lien: Depending on the type, some liens last up to five years and are renewable. Some liens, such as garage and artisan liens, remain effective until the debt is satisfied.
• Mechanic’s Lien: After it is filed, this lien is valid for six months. To prevent it from expiring, the lienholder must file a lawsuit before the six-month deadline.
• Judgment Lien on Real Property: This is valid for five years from the date it is recorded with the county recorder.
• Commercial Estate Broker Lien: This type of lien lasts until it is released or the commission is paid.
• Tax Lien (State): Arizona state tax liens are indefinite and will last until the underlying debt is paid.

How to Remove a Lien in Arizona

To remove a lien, a debtor can either challenge the lien in court or pay the claimant. Some of the common ways to remove a debt include:

1. Full Payment: A lien can be released when the debtor pays the debt in full.
2. Settlement or Negotiation: A debtor may negotiate with the lienholder to settle the debt through a structured plan or partial payment.
3. Court Action: In the situation when the lien is invalid or improperly filed, the property owner may petition the court for removal.
4. Recording a Release: Once a lien is satisfied, the lienholder must issue a release to the property owner which must be recorded with the county to clear the title.

Without a properly recorded release, satisfied liens can still cloud title and can interfere with the transfer of the property in the future.

In Arizona, liens are an important legal mechanism that strikes a balance between the debtor’s obligation and the creditor’s protection. Buyers, lenders, and property owners can make informed decisions by understanding how liens work in Arizona.

Moreover, most liens have strict timelines and filing requirements; therefore, it is advisable to consult an attorney or the county’s recorder’s office to ensure accuracy. In addition, property owners can manage or remove liens on their property titles by taking the right actions.