deeds; identification; forgery; notice; notaries.

HB2952 - 572R - I Ver

REFERENCE TITLE:
deeds; identification; forgery; notice; notaries.

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2952

Introduced by

Representatives
Bliss: Contreras P, Crews, Gillette;� Senator Carroll

AN
ACT

amending title 11, chapter 3, article 3,
Arizona Revised Statutes, by adding section 11-472; amending title 11, chapter
3, article 7, Arizona Revised Statutes, by adding section 11-544; amending
section 11-1133, Arizona Revised Statutes; repealing section 12-524,
Arizona Revised Statutes; amending sections 33-420 and 41-254, Arizona
Revised Statutes; relating to real property.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 11, chapter 3, article 3,
Arizona Revised Statutes, is amended by adding section 11-472, to read:

START_STATUTE
11-472.

Recording; photo identification; exemptions

A. For any document that is recorded
in person at the recorder's office or at a recording kiosk, a person shall
provide the recorder with a valid form of photo identification unless the
document to be recorded is submitted by any of the following:

1. An escrow officer or escrow
office.

2. A title insurance agent or title
insurer as defined in section 20-1562.

3. A state-chartered or federally
chartered bank or credit union.

4. An active member of the state bar
of Arizona.

5. A governmental entity, including
an agency, branch or instrumentality of the federal government.

B. The recorder may not retain a copy
of the person's identification, but shall note in the recording system or
receipt for the recording, or both, the FOLLOWING:

1. The type of identification.

2. The name on the identification.

3. The identification number.

C. The information noted pursuant to
subsection B of this section is not a public record, is exempt from title 39,
chapter 1 and is not subject to disclosure.
END_STATUTE

Sec. 2. Title 11, chapter 3, article 7, Arizona
Revised Statutes, is amended by adding section 11-544, to read:

START_STATUTE
11-544.

Notice to owner; changed information

On or before January 1, 2027, the assessor shall
provide a system for notifying an owner of a parcel of real property when the
assessor receives notice of a change in the ownership of or the mailing address
for the owner of the parcel of real property.� The system shall allow an owner
to choose to participate and is voluntary for the owner, and the notice shall
be provided promptly by email, text message or other similar means.
END_STATUTE

Sec. 3. Section 11-1133, Arizona Revised
Statutes, is amended to read:

START_STATUTE
11-1133.

Affidavit of legal value

A. Each deed evidencing a transfer of title and any
contract relating to the sale of real property shall have appended at the time
of recording an affidavit of the seller and the buyer to the transaction, or
the agent of either the seller or buyer, or both, in a form approved by the
department of revenue, who shall declare and jointly certify the following
information:

1. The name
,

and

mailing
address

and telephone number
of the buyer and seller.
The buyer and seller may provide additional contact
information, including email addresses.

2. The name and
address where a tax statement may be sent.

3. The complete legal description of the property.

4. The situs address, if any, of the property.

5. The date of sale.

6. The total consideration paid for the property,
the amount of cash down payment and whether
or not
the
type of financing included cash, a new
third party
third-party
loan, a new loan from the seller, an
assumption of an existing loan or an exchange or trade of property.

7. Whether
or not
the estimated
market value of personal property received by the buyer equals five
per cent
percent
or more of the total
consideration.

8. The assessor's parcel number or numbers assigned
to the real property by the county assessor or, in the case of a new parcel or
parcels not yet assigned a parcel number, the parcel number or numbers of the
previous parcel or parcels from which the new parcel or parcels are created.

9. The conditions of the transaction
,

including the relationship, if any, of the parties.

10. The use and description of the property and, in
the case of a residential dwelling, whether the property is to be owner-occupied
or rented.

11. The name and address of the person to contact
regarding information contained on the affidavit.

B. If a beneficiary of a foreclosed trustee's deed
receives payment based on private mortgage insurance covering the sale that is
in addition to the proceeds of the sale, the beneficiary shall submit, in a
form approved by the department of revenue, to the county recorder in the
county where the property is located within four months after the date of the
trustee's sale a beneficiary's declaration of additional funds received that
contains the following:

1. The county assessor's parcel number or numbers
assigned as of the date of the trustee's sale.

2. The name and address of the beneficiary
submitting the declaration.

3. The date of the trustee's sale.

4. The highest bid amount received by the trustee at
the trustee's sale.

5. The recording number of the trustee's deed on
sale.

6. The amount of any additional compensation
received by the beneficiary within three months after the date of the trustee's
sale.

C. The county
recorder shall refuse to record any deed and any contract relating to the sale
of real property if a complete affidavit of legal value is not appended unless
the instrument bears a notation indicating an exemption pursuant to section 11-1134.

D. An affidavit is complete for
the

purposes of this section if all of the required information is stated on the
affidavit form or is indicated on the form as "not applicable".
END_STATUTE

Sec. 4.
Repeal

Section 12-524, Arizona Revised
Statutes, is repealed.

Sec. 5. Section 33-420, Arizona Revised
Statutes, is amended to read:

START_STATUTE
33-420.

False documents; liability; special action; damages; violation;
classification

A. A person purporting to claim an interest in, or a
lien or encumbrance against, real property, who causes a document asserting
such claim to be recorded in the office of the county recorder, knowing or
having reason to know that the document is forged
,

or
groundless, contains a material misstatement or false claim
or is otherwise invalid is liable to the owner or beneficial title holder of
the real property for the sum of
not less than five thousand
dollars,
at least $5,000
or for treble the actual
damages caused by the recording, whichever is greater, and reasonable attorney
fees and costs of the action.

B. The owner or beneficial title holder of the real
property may bring an action pursuant to this section in the superior court in
the county in which the real property is located for such relief as is required
to immediately clear title to the real property as provided for in the rules of
procedure for special actions. This special action may be brought
based on the ground that the lien is forged
,

or
groundless, contains a material misstatement or false claim
or is otherwise invalid.� The owner or beneficial title holder may bring a
separate special action to clear title to the real property or join such action
with an action for damages as described in this section. In either
case, the owner or beneficial title holder may recover reasonable attorney fees
and costs of the action if
he

the owner or
beneficial title holder
prevails.

C. A person who is named in a document
which

that
purports to create an interest
in, or a lien or encumbrance against, real property and who knows that the
document is forged
,

or

groundless, contains a material misstatement or false claim or is otherwise
invalid
shall be

is
liable to the
owner or
beneficial
title holder for the sum of
not less than one thousand dollars,
at least
$1,000
or for treble actual damages, whichever is greater, and
reasonable attorney fees and costs as provided in this section, if
he

the person
wilfully refuses to release
or correct
such

the
document of
record within twenty days
from

after

the date of a written request from the owner or beneficial title holder of the
real property.

D. A document purporting to create an interest in,
or a lien or encumbrance against, real property not authorized by statute,
judgment or other specific legal authority is presumed to be groundless and
invalid.

E. A person purporting to claim an interest in, or a
lien or encumbrance against, real property, who causes a document asserting
such claim to be recorded in the office of the county recorder, knowing or
having reason to know that the document is forged
,

or
groundless, contains a material misstatement or false claim
or is otherwise invalid
,
is guilty of a class
1 misdemeanor
4 felony
.
END_STATUTE

Sec. 6. Section 41-254, Arizona Revised
Statutes, is amended to read:

START_STATUTE
41-254.

Personal appearance required; thumbprint; exceptions

A. If a notarial act relates to a statement made in
or a signature executed on a record, the individual making the statement or
executing the signature shall appear personally before the notarial officer.

B. If a notarial act involves a translator under
section 41-253, subsection F, the translator shall appear personally
before the notary public.

C. If the document to be notarized is
a deed, quitclaim deed, deed of trust or other document that affects real
property or a power of attorney document, the notary public shall require the
party signing the document to place the party's right thumbprint in the
notary's journal.� If the right thumbprint is not available, the notary public
shall have the party use the party's left thumb, or any available finger, and
shall so indicate in the journal. If the party signing the document
is physically unable to provide a thumbprint or fingerprint, the notary public
shall so indicate in the journal and shall also provide an explanation of that
physical condition. This subsection does not apply to a trustee's deed that
results from a judicial or nonjudicial foreclosure or to a deed of release and
reconveyance.
END_STATUTE