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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
quitclaim deeds; notaries; county recorder
Purpose
Requires a county recorder, before recording any quitclaim deed, to verify the status of any notary public who appears to be commissioned by the state and who notarized the signature of the person who is conveying an interest in real property with the quitclaim deed. Allows a county recorder to refer any person who the county recorder believes is engaging in fraudulent activity to the county attorney for investigation and possible prosecution.
Background
A notary public is a public officer commissioned by the Secretary of State (SOS) to perform notarial acts. A notary public witnesses signatures, verifies identities of signers and is an impartial witness. A notarial act may be performed in Arizona by: 1) a notary public of Arizona who is commissioned by the SOS; 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; and 4) any other individual who is authorized to perform specific acts by law. A notary commission may be suspended, revoked or denied if a notary public fails to discharge the required duties fully or commits misconduct, including: 1) failure to keep, maintain and protect a notary journal; 2) failure to obtain a notary seal; 3) failure to notify the SOS of a change in mailing, business or residential address within 30 days of the change; 4) failure to notify the SOS of the loss, theft or compromise of an official journal or stamping device within 10 days; 5) a fraudulent, dishonest or deceitful misstatement or omission in the application for a notary commission; 6) conviction of any felony involving dishonesty or deceit; 7) violation of a rule of the SOS regarding a notary public; and 8) failure to respond to any request for information or comply with any investigation initiated by the SOS or the Attorney General. The SOS requires many documents to have a notarization in an effort to deter fraud, prove the authenticity of the signature and ensure that a signature was made willingly and not under duress. Because the prevention of fraud and deception is central to the notary’s role, it is essential that a notary have no conflict of interest when notarizing a document (AZ SOS Notary Manual).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a county recorder, before recording any quitclaim deed, to verify the status of any notary public who appears to be commissioned by the state and who notarized the signature of the grantor, seller or other person who is conveying an interest in real property with the quitclaim deed.
2. Requires a county recorder to determine whether the notary public is listed as active in the database of notaries public in the state that is maintained by the SOS.
3. Requires the county recorder, if it is determined that the notary public is not listed as actively commissioned, 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 by the state.
4. Allows a county recorder to refer any person, including a purported notary public, who the county recorder has reason to believe is engaging in fraudulent activity to the county attorney for investigation and possible prosecution.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 16, 2026
AN/TR/ci