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Wednesday, January 18, 2017

Frequently Asked Questions (FAQs)

What happens to my document when it is presented for recording?

  • Your document is first checked to make sure it meets the following statutory requirements for recording:

a.  Each document shall have a caption indicating the nature of the documents, such as “Warranty Deed, Deed of Trust, Mortgage, Release of Deed of Trust, Lease” etc.

b.  Documents shall be original or a certified copy, contain original signatures and be sufficiently legible for reproduction.

c.  Documents shall have a print size no smaller than 10pt., and shall be no larger than 81/2″ width and no longer than 14″inches.

d.  The first page shall have a top margin of at least 2″ inches, reserved for recordation and return address.  A 1/2″ inch margin on both sides and the bottom of all pages.

e.  Please review ARS 11-480  for further information.

  • If the document(s) meet the statutory form requirements, is complete and proper fees have been paid, we will accept your document and make it a matter of permanent public record.
  • Our Microfilm department films the documents to meet national archival requirements.  The document is also optically scanned for public viewing.
  • Our data entry department will key the pertinent information to create an index so that you may locate this record in the future.
  • Your original document is then returned to the address provided on the document.
  • If the original document is ever lost or misplaced, a certified copy may be obtained from our office.

How do I change the ownership of a piece of property?

Once an instrument of transfer has been placed of public record by recording, the only way to change public record is by a subsequent recording.  There are many different ways to hold title to property.  This decision may require the guidance of an attorney or title company.  The recorder’s office is not authorized to help in preparing documents or give legal advice.

Where do I obtain a form for recording purposes?

At most office supply or stationary stores.

What is an Affidavit of Real Property Value?

ARS § 11-1133  and 11-1137B  requires that all property sales transactions must be accompanied by an affidavit of value that has been completed, and attested to by the buyer and seller (or their agent), and an additional $2.00 filing fee.  ARS § 11-1134 exempts certain transfers from completion of an affidavit of value and the $2.00 filing fee.  If applicable, post the appropriate statute number beneath the legal description of the of the property on the face of the deed and do not complete the affidavit.  For example, when recording a transfer of title between husband and wife, parent or child with only nominal consideration, the appropriate exemption would be ARS 11-1134 B-3.  Failure to report the proper information on the affidavit or declare a false exemption constitutes a class 2 misdemeanor and is punishable by law.  Although this document is presented to and accepted by the Recorder’s office, it is not an official recorded document and if forwarded to the County Assessors office and Department of Revenue.

The Department of Revenue and County Assessors office use data obtained from the affidavits to develop tables and schedules for the uniform valuation of properties based on the fair market value.  Data supplied for individual property will not affect the assessment or taxes on that property.  For more information you may call the Arizona Department of Revenue at 602-542-3529 or click on the following links:

 

Are there any government restrictions against splitting property?

Your questions regarding property splits may best be answered by contacting either the Arizona Department of Real Estate at 602-468-1414, an attorney or title company.  Your property split may require the recordation of an Affidavit of Disclosure as prescribed in ARS 33-422 or a “minor land division permit” as required by county ordinance. For more information click here or you can contact Development Services. There may also be additional requirements imposed by the County Assessor's office.

What is a Declaration of Homestead?

A homestead exemption protects your home against some claims made against you by certain creditors.  Prior to July of 1994, this protection was not automatic.  In July of 1994, a new law went into effect that generally dispensed with that requirement and made them automatic.  An individual or married couple is entitled to only one homestead exemption.  It applies to your home, condominium, mobile home and the land on which the mobile home sits.  It is limited to $150,000 equity in your home and does not apply to the obligations of mortgages, deed of trust, tax liens and valid liens for labor or materials supplied to the property.  It is important to understand Homestead exemptions are automatic, but for those people that own more than one home, the law permits a creditor to require a debtor to designate which home to protect.  It is also important to understand that although homestead exemptions are automatic they are not absolute.  This office suggests that you contact an attorney for questions regarding homesteads, or your questions may be answered in ARS 33-1101 , 33-1102 ,33-1103 , 33-1104  or 33-1105 .  This office is not authorized to give legal advice.  Information contained in this area of homesteads was taken from a June 29, 1994 article from the Arizona Republic.  If you would like to obtain a copy of the article, please contact the Recorder's Office.

What are the requirements for recording a business name?

Although registration for business or trademarks is not legally required in the State of Arizona, you may record your Fictitious Name Statement or Trade Name in the office of the Recorder.  Recording your name will only give constructive notice to the public that you are doing business under that name.  It will not register your business or guarantee that some one else will not use that name or does not already do business under that name.  For more information on registering your business name you may contact the Arizona Secretary of State Office  or the  Arizona Department of Commerce.  If you have additional questions on corporations, partnerships, or LLC’s, please contact the appropriate agencies that handles those entities or an attorney.

How do I remove an erroneous lien from my property?

Your questions may be answered in ARS 33-420 and/or by consulting an attorney.

I want to remove my personal information from public record, how do I do it and am I eligible?

To remove your personal information from public record, please see the Arizona State Statutes which provide the specific details on who is eligible and what requirements have to be met.  There are separate statutes for different public records: Recorder (ARS 11-483), the Assessor and Treasurer (ARS 11-484) and Voter Registration (16-153).  Please review each statute for details.  Here is a link to the home page of the Arizona State Statutes.
 
 
photo of Leslie Hoffman

Leslie M. Hoffman

Recorder

Elected 2012
Speaker Request
Primary Business Address:
1015 Fair Street
Prescott, AZ 86305
Phone: (928) 771-3244
Fax: (928) 771-3258
Photo of Karen McCracken

Karen McCracken

Chief Deputy Recorder

Appointed 2013

Primary Business Address:
1015 Fair Street
Prescott, AZ 86305
Phone: (928) 771-3244
Fax: (928) 771-3258
photo of Brooke Shaffer

Brooke Shaffer

Office Manager


Primary Business Address:
1015 Fair Street
Prescott, AZ 86305
Phone: (928) 771-3244
Fax: (928) 771-3258

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