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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
deeds; identification; forgery; notice; notaries
Purpose
Modifies statutes relating to deeds evidencing a transfer of title to real property, including requirements addressing recordings, notifications and forgeries.
Background
In 2023, the Legislature required county recorders, by January 1, 2025, to provide a system for notifying a person or entity when any document is recorded in which the person or entity is a named party to the instrument. The system must allow a person or entity to choose to participate and is voluntary for the person or entity, and the notice must be provided promptly by email, text message or other similar means (Laws 2023, Ch. 64; A.R.S. § 11-467).
A document purporting to claim an interest in, or a lien or encumbrance against, real property that is not authorized by law, judgment or other specific legal authority is presumed to be groundless and invalid. A person is guilty of a class 1 misdemeanor if the person, while purporting to claim an interest in, or a lien or encumbrance against real property, causes a document asserting such claim to be recorded with the county recorder and the person knows or has reason to know that the document is forged, groundless, contains a material misstatement or false claim or is otherwise invalid (A.R.S. § 33-420).
Current statute establishes a five-year statute of limitations to a quiet title action to recover a lot located in a city or town from a person who holds a recorded deed, claims ownership and has paid property taxes for five consecutive years (A.R.S. § 12-524). Statute outlines information that must be disclosed in an affidavit of legal value submitted with a deed or contract for a sale of real property (A.R.S. § 11-1133). If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature must appear personally before a notarial officer. If a notarial act involves a translator, the translator must appear personally before the notary public (A.R.S. § 41-254).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Photo Identification at Recording
1. Requires a person, for any document that is recoded in person at the county recorder's office or at a recording kiosk, to provide the county recorder with a valid form of photo identification unless the document to be recorded is submitted by:
a) an escrow officer or escrow office;
b) a title insurance agent or title insurer;
c) a state-chartered or federally chartered bank or credit union;
d) an active member of the State Bar of Arizona; or
e) a governmental entity, including an agency, branch or instrumentality of the federal government.
2. Prohibits the county recorder from retaining a copy of the person's identification.
3. Requires the county recorder to note in the recording system or receipt for the recording, or both, the following:
a) the type of identification;
b) the name of the identification; and
c) the identification number.
4. States that the noted information is:
a) not a public record;
b) exempt from public records law; and
c) not subject to disclosure.
Notice to Owners
5. Requires a county assessor, by January 1, 2027, to provide a system for notifying an owner of a parcel of real property when the county assessor receives notice of a change in the ownership of or the mailing address for the owner of the parcel of real property.
6. Requires the system to allow an owner to choose to participate.
7. States that the system is voluntary for the owner.
8. Requires the notice from the county assessor to be provided promptly by email, text message or other similar means.
Affidavit of Legal Value
9. Requires an affidavit of legal value to include the name, mailing address and telephone number of the buyer and seller of real property, rather than the name and address.
10. Allows the buyer and seller of real property to provider additional contact information, including an email address, in an affidavit of legal value.
Notarial Officers
11. Requires a notary public, if the document to be notarized is a deed, quitclaim deed, deed of trust or other document that affects real property or a power of attorney document, to require the party signing the document to place the party's right thumbprint in the notary's journal.
12. Requires the notary public, if the right thumbprint is not available, to have the party's left thumb or any available finger and indicate it in the journal.
13. Requires the notary public, if the party signing the document is physically unable to provider a thumbprint or fingerprint, to indicate it in the journal and provide an explanation of the physical condition.
14. States that the thumbprint notary requirement does not apply to a trustee's deed that results from a judicial or nonjudicial foreclosure or to a deed of release and reconveyance.
Miscellaneous
15. Repeals the five-year statute of limitations relating to an action to recover a lot located in a city or town from a person who holds a recorded deed, claims ownership and has paid property taxes for five consecutive years.
16. Classifies, as a class 4 felony, rather than a class 1 misdemeanor, the act of knowingly recording a forged or groundless document asserting a claim in real property with the county recorder's office.
17. Makes technical and conforming changes.
18. Becomes effective on the general effective date.
Prepared by Senate Research
February 9, 2026
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