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ArizonaSB 1479Fifty-seventh Legislature - Second Regular SessionSenate

deeds; identification; forgery; notice; notaries

Sponsored By: Frank Carroll (Republican)

Signed by Governor

changed informationclassificationcounties - title 11courts and civil proceedings - title 12deedsexceptionsexemptionsforgeryidentificationnotariesnoticenotice to ownerphoto identificationproperty - title 33real propertyrecordingremotely located individualsrepealrepealingstate government - title 41thumbprint (h)violation

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 1 costs, 3 mixed.

Stronger owner remedies and property-fraud penalties

Owners and beneficial title holders gain remedies against forged, groundless, materially false, or otherwise invalid recorded property claims. Someone who knowingly records a covered claim owes at least $5,000 or three times actual damages, whichever is greater. Reasonable attorney fees and court costs are also owed. A person named in the document who knowingly and willfully fails to release or correct it within 20 days after receiving a written request owes at least $1,000 or three times actual damages, whichever is greater, plus fees and costs. Owners and beneficial title holders can bring a special court action to clear title immediately, together with or separately from a damages case. Prevailing owners can recover attorney fees and costs. Documents lacking authorization under a statute, judgment, or specific legal authority are presumed groundless and invalid. Knowingly or recklessly recording a covered invalid claim is a Class 5 felony.

Property owners get optional change alerts

By January 1, 2027, each Arizona county assessor must offer an opt-in property alert system. Participating owners receive prompt notice when the assessor learns of an ownership change or an owner's mailing-address change. Notices arrive by email, text message, or similar means. These alerts help owners spot changes that may be unauthorized.

Stricter reporting for property transfers

Unless a statutory exemption applies, property-transfer deeds and sale contracts need a complete, state-approved affidavit of legal value. The buyer and seller, or their agents, must sign it. Required details include both parties' names, mailing addresses, and phone numbers; email and other extra contact details are optional. The form also requires tax-mailing information, the legal description and property address, parcel numbers, sale date, price, down payment, and financing details. It must report transaction conditions, the parties' relationship, property use, residential owner-occupancy or rental status, and a contact for questions. The personal-property value question contains an unclear percentage threshold because the law replaces “5%” with “percent” without a number. Recorders must reject covered deeds or contracts unless every required item is answered or marked not applicable. After a trustee's sale, a beneficiary receiving extra funds beyond sale proceeds must file a declaration within four months. It reports the parcel number, beneficiary name and address, sale date, highest bid, trustee's deed recording number, and extra compensation received within three months after the sale.

Property filers show identification with privacy protections

People recording documents in person at an Arizona county recorder's office or kiosk must show valid photo identification. Exceptions cover escrow officers and offices, title insurance agents and insurers, state- or federally chartered banks and credit unions, active Arizona Bar members, and government entities. The recorder must note the identification type, name, and number in the recording system or on the receipt. The recorder cannot keep a copy of the identification or disclose those recorded details as public records.

Property signings face stronger identity checks

Signers and any translators must personally appear before the notary, including through an authorized remote process. For deeds, quitclaim deeds, deeds of trust, other property documents, and powers of attorney, signers must leave a right thumbprint in the notary's journal. If that thumb is unavailable, another finger is used and the notary notes the change. If a physical condition prevents any print, the notary records and explains it. Foreclosure trustee's deeds and deeds of release and reconveyance are exempt. A remote signing also avoids the print requirement when its recording shows the identification used, meets remote-notarization law, and is kept at least seven years. Remote notarization requires identity checks, confirmation that the record matches the one presented, and an audiovisual recording. Identity checks use personal knowledge, a credible witness, or two forms of identity proofing. Remote certificates must identify the act as remote. Recordings generally must be kept five years unless Secretary of State rules provide otherwise; the thumbprint exception requires at least seven years. Notaries must notify the Secretary before offering remote acts and identify their technology. The Secretary can set technology, identity-check, provider-approval, and recording-retention standards.

Sponsors & Cosponsors

Sponsor

  • Frank Carroll

    Republican • Senate

Cosponsors

  • Brian Fernandez

    Democratic • Senate

  • Janae Shamp

    Republican • Senate

  • John Kavanagh

    Republican • Senate

  • Kevin Payne

    Republican • Senate

  • Kiana Sears

    Democratic • Senate

  • Selina Bliss

    Republican • House

  • Thomas "T.J." Shope

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 126 • No: 1

Senate vote • 4/7/2026

Final Reading: Passed

Yes: 28 • No: 1

Senate vote • 4/7/2026

Concurrence: Passed

Yes: 0 • No: 0

House vote • 4/2/2026

Third Reading: Passed

Yes: 49 • No: 0

House vote • 3/23/2026

Rules: C&P

Yes: 8 • No: 0

House vote • 3/18/2026

Government: DP

Yes: 7 • No: 0

Senate vote • 3/2/2026

Third Reading: Passed

Yes: 29 • No: 0

Senate vote • 2/11/2026

Regulatory Affairs and Government Efficiency: DP

Yes: 5 • No: 0

Actions Timeline

  1. Signed by Governor

    4/9/2026Governor

  2. Final Reading: Passed

    4/7/2026Senate

  3. Concurrence: Passed

    4/7/2026Senate

  4. Third Reading: Passed

    4/2/2026House

  5. Committee of the Whole: do pass amended

    3/31/2026House

  6. Rules: C&P

    3/23/2026House

  7. Government: DP

    3/18/2026House

  8. House Second Reading

    3/10/2026House

  9. House First Reading

    3/9/2026House

  10. Third Reading: Passed

    3/2/2026Senate

  11. Additional Committee of the Whole: do pass amended

    3/2/2026Senate

  12. Committee of the Whole: do pass amended

    2/25/2026Senate

  13. Rules: PFC

    2/16/2026Senate

  14. Regulatory Affairs and Government Efficiency: DP

    2/11/2026Senate

  15. Senate Second Reading

    2/2/2026Senate

  16. Senate First Reading

    1/29/2026Senate

Bill Text

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