How Do I Remove an Agreement of Sale from County Records?
Full Question:
Answer:
AZ-REAL-10 is a warranty deed given to a lienholder who is threatening foreclosure. If the deed has not been transferred, this would not be applicable. I suggest calling the recorder's office, as procedures vary by local office. It may be possible to file a release or statement with the recorder's office, or it may be necessary to bring a quiet title action. Please see the applicable statutes below.
A quiet title or trespass to try title action is the method of determining title to lands. In a quiet title action, it is possible to ask the court to issue an injunction to force another to do or refrain from doing an act. An injunction is an equitable remedy that the court may order when money damages will be inadequate to remedy the harm suffered. The court may also order records to be corrected to reflect true ownership of property. If the defendant doesn't appear or file an answer to the complaint, a default judgment may be entered in the plaintiff's favor.
The following are AZ statutes:
33-420. False documents; liability; special action; damages; violation;
classification
A. A person purporting to claim an interest in, or a lien or encumbrance
against, real property, who causes a document asserting such claim to be
recorded in the office of the county recorder, knowing or having reason to
know that the document is forged, groundless, contains a material
misstatement or false claim or is otherwise invalid is liable to the owner
or beneficial title holder of the real property for the sum of not less
than five thousand dollars, or for treble the actual damages caused by the
recording, whichever is greater, and reasonable attorney fees and costs of
the action.
B. The owner or beneficial title holder of the real property may bring
an action pursuant to this section in the superior court in the county in
which the real property is located for such relief as is required to
immediately clear title to the real property as provided for in the rules
of procedure for special actions. This special action may be brought
based on the ground that the lien is forged, groundless, contains a
material misstatement or false claim or is otherwise invalid. The owner
or beneficial title holder may bring a separate special action to clear
title to the real property or join such action with an action for damages
as described in this section. In either case, the owner or beneficial
title holder may recover reasonable attorney fees and costs of the action
if he prevails.
C. A person who is named in a document which purports to create an
interest in, or a lien or encumbrance against, real property and who knows
that the document is forged, groundless, contains a material misstatement
or false claim or is otherwise invalid shall be liable to the owner or
title holder for the sum of not less than one thousand dollars, or for
treble actual damages, whichever is greater, and reasonable attorney fees
and costs as provided in this section, if he wilfully refuses to release or
correct such document of record within twenty days from the date of a
written request from the owner or beneficial title holder of the real
property.
D. A document purporting to create an interest in, or a lien or
encumbrance against, real property not authorized by statute, judgment or
other specific legal authority is presumed to be groundless and invalid.
E. A person purporting to claim an interest in, or a lien or encumbrance
against, real property, who causes a document asserting such claim to be
recorded in the office of the county recorder, knowing or having reason to
know that the document is forged, groundless, contains a material
misstatement or false claim or is otherwise invalid is guilty of a class 1
misdemeanor.
12-1102. Complaint
The complaint shall:
1. Be under oath.
2. Set forth generally the nature and extent of plaintiff's estate.
3. Describe the premises.
4. State that plaintiff is credibly informed and believes defendant makes
some claim adverse to plaintiff. When the state is made defendant, the
complaint shall set forth with particularity or on information or belief
the claim of the state adverse to plaintiff.
5. Pray for establishment of plaintiff's estate and that defendant be
barred and forever estopped from having or claiming any right or title to
the premises adverse to plaintiff.