Arizona · A.R.S. §12-1191Arizona lis pendens: what a recorded notice of pending action means for a sale

In an Arizona action affecting title to real property, the plaintiff – or a defendant claiming affirmative relief – may record a notice of the pendency of the action with the county recorder, naming the parties, the object of the action, the relief demanded and the property (A.R.S. §12-1191(A)). A mechanics' lien claimant suing to foreclose must record the notice within five days (§12-1191(A)). Once recorded and indexed, a later purchaser or encumbrancer of the property is held to have constructive notice of the action and its claims (§12-1191(B)). If the action is dismissed without prejudice for lack of prosecution, the plaintiff must give the defendant a recordable release within 30 days; failing that, the filer is liable for $1,000 plus actual damages (§12-1191(C)). After a withdrawal, release or recorded expungement order – and before a judgment is recorded – the notice no longer gives actual or constructive notice or a duty of inquiry, and a buyer or lender for value whose conveyance is recorded in that window isn't deemed to know of the action, even with actual knowledge (§12-1191(D)).