Bill Amendment: AZ SB1431 | 2024 | Fifty-sixth Legislature 2nd Regular
Bill Title: Right to redeem; foreclosure; sale
Status: 2024-04-23 - Chapter 176 [SB1431 Detail]
Download: Arizona-2024-SB1431-SENATE_-_Finance_and_Commerce.html
Fifty-sixth Legislature Finance and Commerce
Second Regular Session S.B. 1431
PROPOSED
SENATE AMENDMENTS TO S.B. 1431
(Reference to printed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 12-1551, Arizona Revised Statutes, is amended to read:
12-1551. Issuance of writ of execution; limitation; renewal; death of judgment debtor; applicability
A. The party in whose favor a judgment is given, at any time within ten years after entry of the judgment and within ten years after any renewal of the judgment either by affidavit or by an action brought on it, may have a writ of execution or other process issued for its enforcement.
B. An execution or other process shall not be issued on a judgment after the expiration of ten years from the date of its entry unless the judgment is renewed by affidavit or process pursuant to section 12-1612 or an action is brought on it within ten years after the date of the entry of the judgment or of its renewal.
C. The court shall not issue a writ of execution after the death of the judgment debtor unless it is for the recovery of real or personal property or enforcement of a lien.
D. This section applies to:
1. All judgments that were entered on or after August 3, 2013.
2. All judgments that were entered on or before August 2, 2013 and that were renewed on or before August 2, 2018, except that a writ of execution or other process may not be issued for a judgment entered on or before August 2, 2013 that was not renewed on or before August 2, 2018.
E. This section does not apply to:
1. Criminal restitution orders entered pursuant to section 13-805.
2. Written judgments and orders for child support and spousal maintenance and to associated costs and attorney fees.
3. Civil judgments obtained by this state that are either of the following:
(a) Entered on or after September 13, 2013.
(b) Entered before September 13, 2013 and that were current and collectable under the laws applicable on September 13, 2013.
4. Judgments directing the sale of property pursuant to title 42, chapter 18, article 6."
Renumber to conform
Page 1, lines 10 and 11, strike "or the sale of the property for excess proceeds pursuant to article 6 of this chapter"
Line 18, after "or" insert "entry of a judgment directing"
Line 19, strike the second period, insert:
"Sec. 3. Section 42-18202, Arizona Revised Statutes, is amended to read:
42-18202. Notice
A. At least thirty days before filing an action to foreclose the right to redeem under this article, but not more than one hundred eighty days before such an action is commenced or may be commenced under section 42-18201, the purchaser shall send notice of intent to file the foreclosure action by certified mail to:
1. The property owner of record according to the records of the county recorder in the county in which the property is located or to all of the following:
(a) The property owner, as determined by section 42-13051, at the property owner's mailing address according to the records of the county assessor in the county in which the property is located.
(b) The situs address of the property, if shown on the tax roll and if different from the property owner's address under subdivision (a) of this paragraph.
(c) The tax bill mailing address according to the records of the county treasurer in the county in which the property is located if that address is different from the addresses under subdivisions (a) and (b) of this paragraph.
2. The treasurer of the county in which the real property is located. The county treasurer may not accept partial payments under section 42-18056, subsection C after the date the treasurer receives a notice of action to foreclose the right to redeem.
B. The notice shall include:
1. The property owner's name.
2. The real property tax parcel identification number.
3. The county assessor's description of the real property.
4. The certificate of purchase number.
5. The proposed date of filing the action.
6. The following statement in substantially the following form:
Notice: if you believe that your property has value beyond the tax burden on the property and you do not want to lose any interest or equity in the property, you must request an excess proceeds sale pursuant to section 42-18204, Arizona Revised Statutes.
C. If the purchaser:
1. Complies with subsection A, paragraph 1, subdivisions (a), (b) and (c) of this section, the purchaser is considered to have substantially complied with the requirements of this section and is not required to send the notice to any other address.
2. Fails to send the notice required by this section, the purchaser is considered to have substantially failed to comply with this section. A court may not enter any judgment to foreclose the right to redeem under this article until the purchaser sends the notice required by this section."
Renumber to conform
Page 1, line 24, strike "lein" insert "lien"
Page 1, line 40, after "section" insert "and any other reasonable fees as determined by the court"
Line 45, strike "a de minimis amount" insert "$2,500"
Page 2, strike lines 18 through 20
Reletter to conform
Line 21, after "recorded" insert "state"
Line 35, strike "or equitable" insert "or equitable"
Page 3, between lines 18 and 19, insert:
"Sec. 6. Section 42-18206, Arizona Revised Statutes, is amended to read:
42-18206. Redemption during pendency of action to foreclose
Any person who is entitled to redeem under article 4 of this chapter may redeem at any time before judgment is entered, notwithstanding that an action to foreclose has been commenced, but if the person who redeems has been served personally or by publication in the action, or if the person became an owner after the action began and redeems after a notice is recorded pursuant to section 12-1191, judgment shall be entered in favor of the plaintiff against the person for the costs incurred by the plaintiff, including all of the following:
1. the cost of a litigation guarantee or other insured title report.
2. The cost of identifying interests of record.
3. Reasonable attorney fees to be determined by the court."
Renumber to conform
Line 27, strike "or" insert a comma; after "firm" insert "or a special master appointed by the court"
Line 35, after "2." insert "If the property is reasonably accessible,"
Page 4, strike lines 8 through 33, insert:
"5. Sending the notice to the property owners notified pursuant to section 42-18202."
Line 36, strike "earlier" insert "later"
Page 5, line 34, strike "this subsection does"
Strike lines 35 and 36
Line 42, strike "earlier" insert "later"
Page 7, between lines 6 and 7, insert:
"g. Except for the assessments provided in section 42-18204, subsection D and property tax liens on the property, a sale concluded under this article extinguishes any other liens and encumbrances held by this state on the property, whether satisfied or not from the proceeds of the sale. To the extent not satisfied from the proceeds of the sale, liens and encumbrances held by this state as to the taxpayer and the taxpayer's other property are not affected."
Page 8, line 40, after "costs" insert "of"
Line 44, strike the second comma insert "and"; strike ", (d) and (e)"
Page 9, line 1, strike "lien or" insert "property tax lien, other than this state, and"
Line 4, strike "42-18024" insert "42-18204"; strike "(f)" insert "(d), adjusted by any lien or encumbrance amount that has been paid or increased due to delinquencies since the title report was provided to the court"
Line 6, after the period insert "The property owner is not required to be present at the excess proceeds sale in order to receive the property owner's distribution of proceeds from the sale under this subsection."
Amend title to conform
