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Current as of January 01, 2025 | Updated by Findlaw Staff
A. A nonconsensual lien, other than a lien filed by a governmental entity or political subdivision or agency, a validly licensed utility or water delivery company, a mechanics' lien claimant or an entity created under covenants, conditions, restrictions or declarations affecting real property, shall not be recorded unless the lien is accompanied by an order or judgment from a court of competent jurisdiction authorizing the filing of the lien.
B. If a nonconsensual lien is accepted for filing as described in subsection A, the recording officer shall accept for filing a notice of invalid lien that is signed and submitted by the attorney general or county attorney. The attorney general or county attorney shall mail a copy of the notice of invalid lien to the person who is designated as creditor and to the person who filed the nonconsensual lien at the address of each as stated on the filed document. The purported lien is conclusively presumed to be invalid on the filing of the invalid lien.
C. The secretary of state, a recording officer or a county is not liable for accepting a nonconsensual lien for filing pursuant to subsection A or a notice of invalid lien pursuant to subsection B.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 47. Uniform Commercial Code § 47-9528. Nonconsensual lien - last updated January 01, 2025 | https://codes.findlaw.com/az/title-47-uniform-commercial-code/az-rev-st-sect-47-9528/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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