Arizona Quiet Title Action Complaint and Lis Pendens

ARIZONA QUIET TITLE COMPLAINT AND NOTICE OF LIS PENDENS

PART 1 — VERIFIED COMPLAINT TO QUIET TITLE

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [____________________]

Case No.: [CV__-________]

VERIFIED COMPLAINT TO QUIET TITLE
(A.R.S. § 12-1101 et seq.; Notice of Lis Pendens Recorded Pursuant to A.R.S. § 12-1191)

Plaintiff, [PLAINTIFF NAME], for its Verified Complaint against Defendants, alleges as follows:

I. PARTIES

1. Plaintiff [PLAINTIFF NAME] is [a resident of / a (entity) organized under the laws of] [____________________], with a principal address at [____________________________________].

2. Defendant [DEFENDANT NAME] is, upon information and belief, [a resident of / an entity transacting business in] [____________________] County, Arizona, with a last known address at [____________________________________].

3. Fictitious Defendants (John/Jane Does, Black Corporations, White Partnerships) and Unknown Heirs are defendants whose true names are unknown to Plaintiff and will be substituted upon discovery.

4. ☐ The State of Arizona has been named as a defendant due to [_____________________], and a copy of the Summons and Complaint will be served upon the Attorney General pursuant to A.R.S. § 12-1101(B). (Omit if State is not a defendant.)

II. JURISDICTION AND VENUE

5. This Court has jurisdiction under Article 6, § 14 of the Arizona Constitution and A.R.S. § 12-1101.

6. Venue is proper in [____________________] County under A.R.S. § 12-401(12) because the Property is located in this County.

III. THE PROPERTY

7. The real property at issue (the "Property") is commonly described as:

Street Address: [____________________________________]
City: [____________________], County: [____________________], Arizona, ZIP: [______]
Assessor's Parcel No. (APN): [_____________________]
Recording Reference: Recorded with the [____________________] County Recorder as Instrument No. [_____________________], on [__/__/____]

8. The legal description of the Property is attached as Exhibit A and incorporated by reference.

IV. PLAINTIFF'S TITLE AND INTEREST

9. Plaintiff is the owner in fee simple, in or out of possession, and is entitled to bring this action under A.R.S. § 12-1101(A).

10. Plaintiff acquired title by [deed / devise / intestate succession / tax deed / adverse possession] dated [__/__/____], recorded as Instrument No. [_____________________].

11. Adverse Possession (alternative theory — select applicable):

☐ A.R.S. § 12-523 (3 years, color of title + recorded deed + tax payment): Plaintiff has held, by itself or through tacking with predecessors, peaceable and adverse possession of the Property under title or color of title duly recorded for at least three (3) years, paying all taxes assessed.

☐ A.R.S. § 12-524 (5 years, city lot + recorded deed): The Property is a city or town lot, and Plaintiff has held peaceable and adverse possession under recorded deed for at least five (5) years.

☐ A.R.S. § 12-525 (5 years, cultivated/enclosed/improved + tax payment): Plaintiff has held peaceable, adverse possession of the Property, cultivating, using, or enjoying it and paying taxes thereon, for at least five (5) years.

☐ A.R.S. § 12-526 (10 years, hostile possession): Plaintiff has held peaceable and adverse possession of the Property for at least ten (10) years.

12. A title commitment / abstract of title dated [__/__/____], prepared by [____________________________________], is attached as Exhibit B.

V. ADVERSE CLAIMS

13. Defendants claim some estate or interest in the Property adverse to Plaintiff, including:

a. ☐ A purported [deed / mortgage / deed of trust / judgment / lien / contract] recorded as Instrument No. [_____________________] on [__/__/____];

b. ☐ A break in chain of title arising from [_____________________];

c. ☐ An unreleased deed of trust dated [__/__/____], recorded as Instrument No. [_____________________], in favor of [_____________________], which Plaintiff alleges has been fully paid and should be released;

d. ☐ A wrongfully recorded document subject to relief under A.R.S. § 33-420: [_____________________];

e. ☐ Other: [_____________________].

14. The adverse claims are invalid, void, or unenforceable because [_____________________].

VI. PRE-SUIT TENDER UNDER A.R.S. § 12-1103(B)

15. ☐ On [__/__/____], Plaintiff transmitted to Defendant [_____________________] a quitclaim deed for execution together with the statutory tender of Five Dollars ($5.00), pursuant to A.R.S. § 12-1103(B). Defendant failed and refused to execute and return the quitclaim within twenty (20) days.

16. Plaintiff is therefore entitled to recover its reasonable attorney fees under A.R.S. § 12-1103(B).

VII. VERIFICATION REQUIREMENT (A.R.S. § 12-1102)

17. Pursuant to A.R.S. § 12-1102(4), this Complaint is verified by Plaintiff under oath as set forth in Part 2.

VIII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment:

A. Quieting title in Plaintiff to the Property and adjudging Plaintiff to be the sole owner in fee simple;
B. Adjudging that Defendants have no right, title, estate, lien, or interest in the Property and forever barring them from asserting any such claim;
C. Cancelling and removing of record the instruments constituting clouds on title as described herein;
D. Awarding Plaintiff its costs and reasonable attorney fees pursuant to A.R.S. § 12-1103(B);
E. Where applicable, awarding statutory damages of not less than $5,000 per wrongfully recorded document pursuant to A.R.S. § 33-420; and
F. Granting such other and further relief as the Court deems just.

Dated: [__/__/____]

[____________________________________]
[ATTORNEY NAME], Esq.
Arizona State Bar No.: [_______]
[FIRM NAME]
[Address]
[Phone] | [Email]
Attorneys for Plaintiff

PART 2 — VERIFICATION (A.R.S. § 12-1102(4))

STATE OF ARIZONA
COUNTY OF [____________________]

I, [PLAINTIFF NAME], being first duly sworn upon oath, depose and say: I am the Plaintiff in the above-captioned action; I have read the foregoing Verified Complaint to Quiet Title; the allegations therein are true to the best of my own knowledge, except as to those matters stated on information and belief, which I believe to be true.

[____________________________________]
[PLAINTIFF NAME]

Subscribed and sworn to (or affirmed) before me this [__] day of [__________], 20[__], by [PLAINTIFF NAME].

[____________________________________]
Notary Public
My Commission Expires: [__/__/____]

PART 3 — NOTICE OF LIS PENDENS (A.R.S. § 12-1191)

NOTICE OF PENDENCY OF ACTION (LIS PENDENS)

TO BE RECORDED IN THE OFFICE OF THE [____________________] COUNTY RECORDER

NOTICE IS HEREBY GIVEN, pursuant to A.R.S. § 12-1191, that the action described below is pending and affects title to the real property described below.

Property Affected:

• Common Address: [____________________________________]
• APN: [_____________________]
• Legal Description: See Schedule A attached hereto and incorporated by reference.

Dated: [__/__/____]

[____________________________________]
[ATTORNEY NAME], Esq.
Arizona State Bar No.: [_______]
Attorneys for Plaintiff

ACKNOWLEDGMENT

STATE OF ARIZONA
COUNTY OF [____________________]

The foregoing Notice of Lis Pendens was acknowledged before me this [__] day of [__________], 20[__], by [ATTORNEY NAME], Esq.

[____________________________________]
Notary Public
My Commission Expires: [__/__/____]

PART 4 — PRE-SUIT DEMAND LETTER (A.R.S. § 12-1103(B))

[LAW FIRM LETTERHEAD]

[Date]

Via Certified Mail, Return Receipt Requested

[NAME OF ADVERSE CLAIMANT]
[ADDRESS]

Re: Demand to Execute Quitclaim Deed — [PROPERTY ADDRESS], APN [_____________________]

Dear [_____________________]:

This office represents [PLAINTIFF NAME], the owner of the above-referenced real property located in [____________________] County, Arizona. Public records reflect that you may claim some right, title, or interest in the Property arising from [_____________________].

Pursuant to A.R.S. § 12-1103(B), enclosed please find:

1. A Quitclaim Deed conveying any interest you may have in the Property to [PLAINTIFF NAME]; and
2. The statutory consideration of Five Dollars ($5.00).

You are requested to execute the enclosed Quitclaim Deed before a notary public and return it to this office within twenty (20) days of your receipt of this letter.

If you fail to execute and return the Quitclaim Deed, [PLAINTIFF NAME] will file a quiet title action against you in the Superior Court of [____________________] County, in which my client will seek reasonable attorney fees pursuant to A.R.S. § 12-1103(B).

Sincerely,

[____________________________________]
[ATTORNEY NAME], Esq.

Enclosures: Quitclaim Deed; $5.00 check

PART 5 — SUMMONS

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [____________________]

Case No.: [CV__-________]

[PLAINTIFF NAME], Plaintiff,
v.
[DEFENDANT NAME(S)], et al., Defendants.

SUMMONS

THE STATE OF ARIZONA TO THE DEFENDANT(S):

[_____________________]

YOU ARE HEREBY SUMMONED and required to appear and defend, within the time applicable, in this action in this Court. If served within Arizona, you shall appear and defend within twenty (20) days after service of the Summons and Complaint. If served outside Arizona—whether by direct service, by registered or certified mail, or by publication—you shall appear and defend within thirty (30) days after service of the Summons and Complaint is complete. Service by publication is complete thirty (30) days after the date of first publication.

Where process is served upon the Arizona Director of Insurance and Financial Institutions as an insurer's attorney to receive service of legal process against it in this state, the insurer shall not be required to appear, answer or plead until expiration of forty (40) days after date of such service upon the Director.

Direct service is complete when made. Service by registered or certified mail without the State of Arizona is complete thirty (30) days after the date of filing the receipt and affidavit of service with the Court. Service by publication is complete thirty (30) days after the date of first publication.

YOU ARE CAUTIONED that in order to appear and defend, you must file an Answer or proper response in writing with the Clerk of this Court, accompanied by the necessary filing fee, within the time required, and you are required to serve a copy of any Answer or response upon the Plaintiff's attorney. Ariz. R. Civ. P. 10(d); A.R.S. § 12-311; Ariz. R. Civ. P. 5.

REQUESTS FOR REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES MUST BE MADE TO THE COURT BY PARTIES AT LEAST 3 JUDICIAL DAYS IN ADVANCE OF A SCHEDULED COURT PROCEEDING.

SIGNED AND SEALED this [__] day of [__________], 20[__].

[____________________________________]
Clerk of the Superior Court
By: [_____________________], Deputy Clerk

PART 6 — MOTION AND ORDER FOR SERVICE BY PUBLICATION

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [____________________]

Case No.: [CV__-________]

MOTION FOR ORDER ALLOWING SERVICE BY PUBLICATION (Ariz. R. Civ. P. 4.1(l) / 4.2(f))

Plaintiff moves for an order allowing service by publication upon the following Defendants whose whereabouts cannot, after due diligence, be ascertained:

[LIST]

The supporting Affidavit of Diligent Search is attached.

[PROPOSED] ORDER

Upon consideration of the foregoing Motion and Affidavit, IT IS ORDERED that Plaintiff may serve the named Defendants by publication of the Summons in [____________________], a newspaper of general circulation in [____________________] County, once a week for four (4) successive weeks. Service shall be deemed complete thirty (30) days after the date of first publication.

DATED: [__/__/____]

[____________________________________]
Judge of the Superior Court

PART 7 — AFFIDAVIT OF DILIGENT SEARCH

STATE OF ARIZONA
COUNTY OF [____________________]

I, [____________________________________], having been duly sworn, depose and say:

1. I am [Plaintiff / counsel for Plaintiff / investigator] in this action.

2. The following diligent search was conducted to locate the Defendants:

☐ Title examination by [____________________________________];
☐ Search of County Recorder's records;
☐ Search of County Assessor's records;
☐ Search of Maricopa Superior Court / probate records;
☐ Skip-trace through [____________________________________];
☐ Search of postal records, voter registration, motor-vehicle records;
☐ Internet and social-media searches;
☐ Attempted personal service at last known address;
☐ Inquiry of known relatives and neighbors;
☐ Other: [____________________________________].

3. The Defendants cannot, after diligent search, be located within Arizona, or are concealing themselves to avoid service.

[____________________________________]

Subscribed and sworn before me this [__] day of [__________], 20[__].

[____________________________________]
Notary Public

PART 8 — TITLE SEARCH SUMMARY

PART 9 — EXHIBIT INDEX

SOURCES AND REFERENCES

• A.R.S. § 12-1101 et seq.: https://www.azleg.gov/ars/12/01101.htm
• A.R.S. § 12-1103 (Pre-suit tender / attorney fees): https://www.azleg.gov/ars/12/01103.htm
• A.R.S. §§ 12-523 through 12-526 (Adverse possession): https://www.azleg.gov/arsDetail/?title=12
• A.R.S. § 12-1191 (Lis Pendens): https://www.azleg.gov/ars/12/01191.htm
• A.R.S. § 33-420 (Wrongful recording): https://www.azleg.gov/ars/33/00420.htm
• Arizona Rules of Civil Procedure: https://www.azcourts.gov/rules

END OF ARIZONA QUIET TITLE TEMPLATE