Sec 33-746. Request for copy of notice of election to forfeit  


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  • A. Any person, including, without limitation, a person in possession of the property or having an interest in or a lien or encumbrance on the property, which is not disclosed by a document recorded with the county recorder of the county in which the real property is located, who desires a copy of a notice of election to forfeit under a contract shall, prior to recording of a notice of election to forfeit, record with the county recorder of the county in which the real property is located a request for a copy of any notice of election to forfeit.

    B. A request for a copy of any notice of election to forfeit under a contract shall be substantially in the following form:

    "Request for Notice of Election to Forfeit

    Request is hereby made that a copy of any notice of election to forfeit under the contract, by and between _______________, as seller, and _______________, as purchaser, dated _______________, 19____, and recorded (if recorded) on _______________, 19____, in docket __________, at page __________, records of _______________ county, Arizona, covering real property described as follows:

    and including personal property described as follows:

    be mailed to: _________________________________________________________, at _____________________________________________________________________.

    Dated this __________ day of _______________, 19____.

    ______________________________________

    signature

    (acknowledgment)"

    C. The existence and contents of a recorded request do not affect the title to the property or provide notice to any person that a person requesting a copy of the notice has an interest in or a lien or encumbrance on the property.