Bill Text: AZ SB1265 | 2022 | Fifty-fifth Legislature 2nd Regular | Chaptered
Bill Title: Property tax liens; foreclosure; notice
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2022-03-18 - Chapter 17 [SB1265 Detail]
Download: Arizona-2022-SB1265-Chaptered.html
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Senate Engrossed
property tax liens; foreclosure; notice |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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CHAPTER 17
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SENATE BILL 1265 |
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An Act
amending section 42-18202, Arizona Revised Statutes; relating to property tax.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. 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 42-18101 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 as determined by section 42-13051.
(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 legal county assessor's description of the real property.
4. The certificate of purchase number.
5. The proposed date of filing the action.
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 shall may not enter any action judgment to foreclose the right to redeem under this article until the purchaser sends the notice required by this section.
Sec. 2. Legislative intent
The legislature intends to clarify the legislative intent in enacting Laws 2001, chapter 242, section 2 that amended section 42-18202, Arizona Revised Statutes, and further clarified by Advanced Property Tax Liens, Inc. v. Sherman, 227 Ariz. 528 (App. 2011).
APPROVED BY THE GOVERNOR MARCH 18, 2022.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 18, 2022.
