Arizona law provides two ways to remove a fraudulent deed or other wrongful lien or encumbrance clouding title to real property. These are:
- A quiet title action under ARS 12-1101; and
- A special action under ARS 33-420.
A quiet title action is the broader of the two. Its purpose is to establish clear title to real property and can be used to remedy any title defect. A successful plaintiff can, in many cases, also receive an award of its legal fees. This remedy is the most versatile, but it is not speedy. It can take longer and cost more than a special action.
A special action is a more narrowly focused remedy designed to attack a specific fraudulent deed. It is an abbreviated proceeding. A special action can be filed separately or can be joined with an action for damages. A successful plaintiff can obtain an award of legal fees as well as treble actual damages in an appropriate case.
The general rule in Arizona has been that there is no statute of limitations governing actions brought under these statutes. But that may have changed. A recent Arizona Supreme Court case held that there is a five-year statute of limitations to quiet title to real property against a party who has paid real estate taxes for five years and holds a recorded deed to the property—even where the deed is a forgery.
This ruling provides an additional incentive to take advantage of Maricopa County’s Title Alert service that will notify you of any recording bearing your name. This is a free service.
If you have questions concerning a real estate matter or other legal matter, call one of our experienced attorneys at 602-277-4441 or use the form below to schedule a free consultation.