ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

HB 2617: judgments; liens; homestead

Sponsor: Representative Toma, LD 22

Committee on Ways & Means

Overview

Limits the issuance of the writ of execution after a certain date, removes the exclusion of homestead property from civil judgement liens, increases the homestead exemption and outlines an exclusion from the homestead exemption.

History

Current law addresses the issuance of the writ of execution and the limitations of given judgements in civil proceedings. Currently, a party with a favorable judgement has ten years after the entry of the judgement, or ten years after the renewal of the judgement by affidavit or action, may have a writ of execution to enforce it. (A.R.S. § 12-1551)

Statute outlines that a person eighteen years of age or older, married or single, who resides in the state may hold a homestead exempt from attachment, execution, and forced sale not exceeding $150,000 in value. (A.R.S. § 33-1101) A homestead is not exempt from judgement or lien in an instance of a consensual lien, a lien for labor or materials or a lien for child support or court ordered support. (A.R.S. § 33-1103)

Provisions

1. Outlines civil judgements obtained by this state entered on or after September 13, 2013 or before September 13, 2013 that were valid on September 13, 2013 are exempt from writs of execution. (Sec. 1)

2. Removes the exemption of real property, including homestead property, from a judgement becoming a lien on all real property of the judgement debtor in the county where the judgement is recorded. (Sec. 2)

3. Eliminates the exemption of homestead property from judgement. (Sec. 2)

4. States that a civil judgement becomes a lien on the real property of the judgement debtor, including homestead property, in the county where the judgement is recorded, and is retroactively applied to all judgements. (Sec. 2)

5. Increases homestead exemption from $150,000 to $250,000. (Sec. 3)

6. Includes a recorded civil judgement or other nonconsensual lien not otherwise prescribed if the debtor’s equity exceeds the homestead exemption to prevent a homestead from being exempt from process and sale under a judgement or lien. (Sec. 4)

7. Makes technical and conforming changes. (Sec. 1, 2, 3 and 4)

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11. HB 2617

12. Initials VP/CS Page 0 Ways & Means

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