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Arizona · A.R.S. §33-420Arizona false liens and groundless recorded documents: clearing title before closing

A person who records a document claiming an interest in, or a lien against, Arizona real property while knowing or having reason to know it is forged, groundless, materially false or otherwise invalid is liable to the owner for at least $5,000 or three times the actual damages, whichever is greater, plus reasonable attorney fees and costs (A.R.S. §33-420(A)) – and commits a class 5 felony (§33-420(E)). The owner can bring a special action in superior court to clear title immediately, alone or with the damages claim (§33-420(B)). A person named in such a document who knows it is invalid and willfully refuses to release or correct it within 20 days after the owner's written request owes at least $1,000 or treble damages, plus fees (§33-420(C)). A document claiming an interest or lien that no statute, judgment or other specific legal authority supports is presumed groundless and invalid (§33-420(D)).

The rules

  1. 1. Recorder liable (§33-420(A))

    At least $5,000 or treble damages, plus fees.

  2. 2. Special action (§33-420(B))

    Owner can ask the superior court to clear title immediately.

  3. 3. Refusal to release (§33-420(C))

    20 days after a written request; at least $1,000 or treble damages.

  4. 4. Presumption (§33-420(D))

    A claim with no legal authority is presumed groundless.

  5. 5. Crime (§33-420(E))

    Class 5 felony for knowingly recording a false claim.

What the TC can do

  • When the title commitment shows an unexpected lien or claim, send it to the seller and the title company at once.
  • Calendar 20 days from the seller's written request to release or correct it.
  • Keep the closing date realistic if a special action to clear title is needed.

Questions about Arizona false liens

What can an Arizona owner recover for a false lien?

At least $5,000 or treble the actual damages, whichever is greater, plus reasonable attorney fees and costs (A.R.S. §33-420(A)).

How fast must an Arizona lien claimant release a groundless lien?

Within 20 days after the owner's written request; a willful refusal costs at least $1,000 or treble damages, plus fees (A.R.S. §33-420(C)).

Related guides

Add a task in ClosingCode for the seller's release request and its 20-day deadline.

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Source: A.R.S. §33-420 (azleg.gov, read October 28, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.