|
|
ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: GOV DP 4-2-1-0 | Third Read 16-12-2-0-0 |
SB 1805: quitclaim deeds; notaries; county recorder
Sponsor: Senator Gowan, LD 19
Committee on Government
Overview
Requires a county recorder, prior to recording any quitclaim deed, to verify that the notary public is listed as actively commissioned; otherwise, reject the document.
History
A county recorder must record each instrument authorized to be recorded that is deposited with them to record with the acknowledgements, proofs, affidavits and certificates in the order and time when they were deposited for record (A.R.S. § 11-471).
A notary public is an individual who is commissioned to perform notarial acts by the Secretary of State (SOS). A notarial officer who witnesses or attests to a signature must determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed. The following individuals may perform a notarial act in Arizona: 1) an Arizona notary public; 2) a judge, clerk or deputy clerk of a court of record in Arizona; 3) an individual who is licensed to practice law in Arizona; or 4) any other individual who is authorized to perform the specific act by Arizona laws (A.R.S. §§ 41-251, 41-253, 41-258).
Provisions
1. Requires a county recorder, prior to recording any quitclaim deed, to verify the status of any notary public who appears to be commissioned in Arizona and who notarized the signature of the grantor, seller or other person who is conveying an interest in real property with the quitclaim deed. (Sec. 1)
2. Instructs a county recorder to determine whether the notary public is actively listed in the database of notaries public in Arizona that is maintained by the SOS. (Sec. 1)
3. Directs a county recorder to reject the document and advise the person attempting to record the quitclaim deed to obtain the services of a notary public who is properly commissioned in Arizona if the county recorder determines that the notary public is not listed as actively commissioned. (Sec. 1)
4. Allows a county recorder to refer any individual, including a purported notary public, whom the county recorder has reason to believe is engaging in fraudulent activity, for investigation and possible prosecution by the county attorney. (Sec. 1)
5.
6.
7. ---------- DOCUMENT FOOTER ---------
8. Initials ML SB 1805
9. 3/9/2026 Page 0 Government
10.
11. ---------- DOCUMENT FOOTER ---------