2021 Arizona Revised Statutes
Title 33 - Property
§ 33-411; Version 2 - Invalidity of unrecorded instrument as to bona fide purchaser; acknowledgment required for proper recording; recording of instruments acknowledged in another state; exception

33-411. Invalidity of unrecorded instrument as to bona fide purchaser; acknowledgment required for proper recording; recording of instruments acknowledged in another state; exception

(L21, Ch. 66, sec. 6. Eff. 7/1/22)

A. No instrument affecting real property gives notice of its contents to subsequent purchasers or encumbrance holders for valuable consideration without notice, unless recorded as provided by law in the office of the county recorder of the county in which the property is located.

B. An instrument shall not be deemed lawfully recorded unless it has been previously acknowledged in the manner prescribed in this chapter or title 41, chapter 2, article 1 except in the case of master mortgages as provided in section 33-415.

C. For the purposes of this section, an instrument that affects real property containing any defect, omission or informality in the certificate of acknowledgment, or for which there is any failure to perform a duty or meet a requirement in the taking of the acknowledgment, and that has been recorded in the office of the county recorder of the county in which the property is located shall be deemed to have been lawfully recorded on and after the date of its recording.

D. An instrument affecting real property in this state executed and acknowledged in accordance with the laws of any other state shall be valid and entitled to record as if executed and acknowledged in accordance with the laws of this state.

E. Letters patent from the United States or any grant from the government, executed and authenticated pursuant to law, may be recorded without further acknowledgment.