Assigned to GOV FOR
COMMITTEE
Assigned to GOV FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
county recorder; recording fees
Purpose
Establishes a flat fee of $30 for recording papers within the office of the county recorder (county recorder) and replaces existing specified fees with the flat fee.
Background
The county recorder is required to have custody of and keep all records, maps and papers deposited in the recorder’s office, as well as separately record all instruments or writings required or authorized to be submitted by law (A.R.S. § 11-461). Current statute requires the county recorder to collect a fee for all recording papers required or authorized to be submitted by law consisting of $5 for the first five pages of the documents plus $1 for each additional page. For recording papers requested for submission by the United States, the state of Arizona or certain political subdivisions, a discounted rate is charged consisting of $3 for the first five pages of the documents plus 50 cents for each additional page. Other fees for indexing categories, assignment and release of categories are also specified (A.R.S. § 11-475). In addition to these fees, the county Board of Supervisors may assess a $4 special recording surcharge to be deposited into the Document Storage and Retrieval Conversion and Maintenance Fund (A.R.S. § 11-475.01).
Laws 2015, Chapter 67 established standard recording fees for deeds: 1) $15 for each deed that transfers, conveys or affects an interest on real property; 2) $25 for each deed of trust or mortgage; and 3) $10 for each release of a deed of trust or mortgage.
Currently, 80 percent of monies collected from filings of annual work affidavits or claim maintenance fee payment affidavits with the county recorder related to mining claims are required to deposited into the state General Fund (A.R.S. § 27-208).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes a flat fee of $30 for recording papers required or authorized to be recorded, rather than a fee of $5 for the first five pages and $1 for each additional page.
2. Establishes a flat fee of $15 for recording papers at the request of the United States, Arizona or specified political subdivisions, rather than a fee of $3 for the first five pages and 50 cents for each additional page.
3. Replaces specified fees with established flat fees by eliminating the following:
a) a $15 fee for each deed that transfers, conveys or affects an interest in real property;
b) a $25 fee for each deed of trust or mortgage; and
c) a $10 fee for each release of a deed of trust or mortgage.
4. Requires $4 from each total fee collected by the county recorder to be forwarded to the State Treasurer for deposit in the state General Fund, rather than 80 percent of the monies collected from filings of affidavits of annual work or claim maintenance fee payment.
5. Stipulates that a special recording surcharge for each instrument, paper or notice filed with the county recorder not exceeding $4 is included in the established flat fees.
6. Stipulates that a $2 fee for recording a deed or contract related to the sale or transfer of real property is included in the established flat fees.
7. Eliminates mandatory standard fees for the first indexing category of any instrument and a $3 fee for each additional indexing category on the same instrument.
8. Eliminates mandatory standard fees for the first assignment, release, or partial assignment or release of any instrument and a $3 fee for each additional transaction on the same instrument.
9. Eliminates the $1 fee for delivering an instrument by mail and requirements that the monies be deposited into the county general fund.
10. Eliminates the $5 fee for recording an affidavit of annual work or claim maintenance fee payment with the county recorder.
11. Removes the stipulation that a fee for recording papers requested by the United States, this state or specified political subdivisions only apply if the fee is paid from public monies.
12. Removes the option for the state to pay fees due to the county recorder on a monthly basis.
13. Removes the requirement that a person, when recording a deed of trust or mortgage, indicate a residential property is constructed for at least one but not more than four families in the caption heading on the first page of each document.
14. Removes the stipulation that failing to indicate residential property as outlined does not affect the validity of the document or the recording.
15. Makes technical and conforming changes.
16. Becomes effective on the general effective date.
Prepared by Senate Research
January 22, 2018
JO/ZD/lat