ARIZONAConstruction LienCraig AltmanMechanic's Lien

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

By December 12, 2012No Comments

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a awkward reversal, as of Thursday, December 6, 2012, Arizona Supreme Court Administrative Order No. 2012-85 has been rescinded retroactively.on reversing the decision made on November 21st that no longer allowed lien services to act as signing agents on Arizona Twenty Day Preliminary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