Filing homestead with maricopa county recorder

For example, Maricopa County requires that you apply in person between Jan. Disabled vets will usually be required to provide medical certifications from their physicians and possibly documentation from the Veterans Administration as well.

If you live in Arizona and have questions or need more information, you can contact an Arizona veterans benefits counselor toll-free at the Arizona Department of Veterans Affairs at VETS. You can also call for general information. Beverly Bird has been writing professionally for over 30 years. She is also a paralegal, specializing in areas of personal finance, bankruptcy and estate law. She writes as the tax expert for The Balance. Share It. About Us. Archived Parcel Maps. Land Status Map. Business Personal Property.

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Market Value. Real Property. Valuation Basis. CAMA Home. Customer Service Home. Appeal Process. Aldridge, his wife, as well as the co-partnership dba Park Lee Limited, were adjudged bankrupts. Because the district court did not indicate the ground or grounds upon which it reversed the referee's order, there are two questions involved in this case: 1 whether the property conveyed by the bankrupts to the appellees was subject to a valid homestead exemption under the laws of Arizona at the time of the conveyance, and 2 if the property was not exempt, whether the evidence was sufficient to support the referee's finding that at the time of the conveyance the appellees knew or had reasonable cause to believe that the bankrupts were insolvent.

As to the first question in this case, whether there was a valid homestead exemption when the property was conveyed, the undisputed facts show the property was conveyed by the bankrupts to the appellees on February 15, , and a document entitled "Declaration of Homestead" bearing date of February 10, , and the signature of the bankrupt, Richard Aldridge, was recorded in the Maricopa County, Arizona, Recorder's office on March 10, Both parties concede that the property if exempt under Arizona law when conveyed could not be set aside as a preferential transfer, but if not exempt the conveyance could be set aside as a preferential transfer providing all other elements of such a transfer were present.

It is the position of trustee Finn that two requirements must be met in order to establish a valid homestead exemption under the Arizona statutes: 1 a declaration must be executed in proper form and 2 the declaration must be recorded in the office of the county recorder.

Since only one step was accomplished at the time the property in question was conveyed, namely, the execution of the declaration of homestead on February 10, , and since the declaration was not recorded until after the conveyance of the property on February 15, , he contends the homestead exemption was never validly established upon the conveyed property.

It is the position of appellee that the recording of the declaration of homestead was not required for the establishment of a valid homestead exemption, and that at the time the property was conveyed to the appellees it was subject to a valid homestead exemption by virtue of the prior execution of the declaration of homestead. The narrow issue, then, is whether recording of the declaration of homestead before the property is conveyed is a condition precedent to establishment of a valid homestead exemption on that property.

The Arizona homestead exemption is provided for in the following sections of the Arizona Revised Statutes:. Section Section , subd.

The claim shall be recorded in the office of the county recorder in the county where the land lies. A duly executed mortgage. A lien for labor or material that attached before the property was claimed as a homestead. The Supreme Court of Arizona has stated that a homestead exemption cannot be impressed upon property "simply by the intention of the owners. Although that case involved the residency requirement for claiming a probate homestead, the court, after referring to the Arizona statute for claiming homesteads, pointed out that the homestead had not been perfected in accordance with the one method prescribed by statute.

In Georgouses v. Gillen, 24 F. Admittedly, the state exemption statute is not self-executing, and when the petition in bankruptcy was filed no part of the property had a homestead status. The court held in Georgouses that the interest of the trustee in the bankrupt's insolvent estate which vested in him when the petition in bankruptcy was filed was not defeated by the later filing of a declaration of homestead. In MacRae v. MacRae, 37 Ariz. The court determined that it was unnecessary to pass upon the validity of defendant's claim, stating,.

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The above mentioned cases persuasively support the proposition that recording of the declaration of homestead is a condition precedent to the establishment of a valid homestead exemption in Arizona. And reading the statements therein in conjunction with the Arizona statutes, particularly section , subd. A, supra, which states that the homestead is exempt "from the date of recording the claim," convinces us that recording is essential to a valid claim of homestead in Arizona. Our reading of Schreiber v. Hill, 54 Ariz. In the Schreiber case the Stanleys were the record owners of property in Arizona on June 17, , when a judgment was obtained against them.

The judgment was recorded in the office of the county recorder, and thus the property became subject to a judgment lien. On August 12, , the Stanleys executed and acknowledged a deed to said property in favor of Schreiber and placed it in escrow with a title company.

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On August 18, , six days later, the Stanleys executed a declaration of homestead in proper form, which declaration was recorded properly on August 19, On August 25, , the Stanleys, having received the agreed upon purchase price, notified the title company to deliver the deed to Schreiber. Schreiber recorded his deed on August 25, the same day. On October 3, , a writ of execution was issued upon the judgment above mentioned and foreclosure was sought on the ground that Schreiber took the property subject to a judgment lien.

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Schreiber moved to quash the writ of execution on the ground that the property was exempt from execution. The motion to quash was denied and Schreiber appealed to the Supreme Court of Arizona. That court reversed, holding that the property was exempt when sold to Schreiber. The court stated:. Appellees contend that the facts of the instant case and Schreiber are identical in that in both cases recording of the declaration of homestead took place after the execution of a deed in favor of the grantees of the property. While appellees' statement in this regard is true the wrong facts are emphasized.

The situations in each case are different.