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On December 6th Arizona Supreme Court reverses decision to no longer allow lien services to act as signing agents on Arizona Twenty Day Preliminary Notices

In a unbelievable turn of events that amounts to a awkward reversal, as of Thursday, December 6, 2012, Arizona Supreme Court Administrative Order No. 2012-85 has been rescinded retroactively.on reversing the decision made on November 21st that no longer allowed lien services to act as signing agents on Arizona Twenty Day Preliminary Notices. Here is a link to the 2-page decree.

The previous administrative order mandated that all Arizona Twenty Day Preliminary Notices must now be signed by the individual employed by the subcontracting company and not by an “Agent” or “Authorized Agent” preparing the document on their behalf. Per the new Administrative Order No. 2012-94, “The amendment was meant to apply only to the execution of liens. Because of the current wording of the amendment has caused unintended consequences, it is desirable to receive further comment before adopting the exact wording of any amendment.”

The Certification and Licensing Division (CLD) of the Administrative Office of the Courts (AOC) is accepting written public comment on “whether Legal Document Preparers (a) should continue to be allowed to draft, execute, or serve 20-Day Notices, and (b) should be allowed to execute liens.” The deadline for input on this issue is January 15, 2013 at 5:00PM.

Craig R. Altman
President/Founder
TRADITION SOFTWARE, INC.

Effective November 21st, Arizona Supreme Court no longer allows lien services to act as signing agents on Arizona Twenty Day Preliminary Notices

Arizona Supreme Court Administrative Order No. 2012-85, issued by Chief Justice Rebecca White Berch on November 21, 2012, amends Arizona Code of Judicial Administration 7-208(F)(1) pertaining to a certified legal document preparer “authorized services”. Here is a link to the 2-page decree.

Quoting the key paragraph (Section F-1-e) of Arizona Supreme Court Administrative Order No. 2012-85:
File, record, and arrange for service of legal forms and documents for a person or entity in a legal matter when that person or entity is not represented by an attorney. A certified legal document preparer may not sign any document on behalf of or as an agent or authorized representative of a person or entity.

Basically, document preparation companies like our lien service division, TRADITION NOTICE SERVICES, can no longer sign Arizona Twenty Day Preliminary Notices as “Agents” or “Authorized Agents.” Instead, a signature from an individual employed by the subcontractor company supplying equipment, labor, materials or services for a ARIZONA project must be on the notice.

The December upgrade for PreLien2Lien, V. 16.12.01, to be released by Monday, December 3rd, will have the new capability of having unique electronic signatures be applied to each Arizona Twenty Day Preliminary Notice when it is printed for a company that is profiled in SETUP>COMPANY SETUP.

Thus, you can have a unique “Joe Smith” signature on the AZ Twenty Day Preliminary Notice for JOES PAINTING and a unique “John Jones” signature for JONES CONCRETE on their AZ Twenty Day Preliminary Notice. This will work for both single printing and mass printing of notices.

Normally we would charge $50 per template to have any text or image modifications done, including electronic signature. We will discount this to $25 on a one time change basis per template. So if Joe at JOES PAINTING retires and his son Fred Smith takes over, a $25 charge in the future will need to be paid to put his signature on the template.

Craig R. Altman
President/Founder
TRADITION SOFTWARE, INC.

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