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AZ HB2617

Bill

Status

Passed

5/19/2021

Primary Sponsor

Ben Toma

Click for details

Origin

House of Representatives

Fifty-fifth Legislature - First Regular Session (2021)

AI Summary

  • Increases homestead exemption from $150,000 to $250,000 in value for persons 18 years and older residing in Arizona.

  • Allows judgment liens to attach to homestead property only when the debtor's equity exceeds the homestead exemption amount, with title insurers able to record notices of partial release when certain conditions are met.

  • Establishes a procedure requiring title insurers to notify judgment creditors at least 20 days before a homestead sale is final if the anticipated payment to the debtor equals 80% or more of the homestead exemption, with creditors having 20 days to object.

  • Requires judgment creditors to be paid in full from cash refinancing proceeds of homestead property before the debtor receives any proceeds, with new judgment liens subordinated by operation of law in subsequent refinances.

  • Effective date of December 31, 2021 for all amended sections regarding judgment enforcement, homestead exemptions, and judgment lien procedures.

Legislative Description

Judgments; liens; homestead

Courts And Civil Proceedings - Title 12

Last Action

Chapter 368

5/19/2021

Committee Referrals

Rules3/3/2021
Finance3/1/2021
Rules1/26/2021
Ways and Means1/25/2021

Full Bill Text

No bill text available