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In Arizona, A.R.S. § 12-524 outlines the statute of limitations for contesting property ownership based on a recorded deed, including situations involving forged documents. A recent ruling by the Arizona Supreme Court clarified that a seemingly valid deed, even if forged, qualifies as a “recorded deed” under this law. This triggers a five-year period during which the rightful owner must dispute the fraudulent claim. Failure to act within this timeframe may result in the loss of legal ownership to the fraudulent claimant.
The potential for property loss due to unnoticed title transfers is alarming. Homeowners have proactive options to safeguard their ownership.
One effective measure is to utilize free title alert systems, such as Maricopa County’s Title Alert. This system sends notifications about any recorded documents impacting a property.
Additionally, homeowners can explore subscription services for regular alerts. Consulting with an attorney about placing a small deed of trust on a property may also be beneficial, particularly if the property is free and clear.
If fraud is suspected, immediate action is crucial. Engaging an experienced real estate attorney can make a significant difference in addressing the issue.
This is not legal advice, but awareness of these risks can help homeowners take necessary precautions.