COMMITTEE ON FINANCE
SENATE AMENDMENTS TO S.B. 1135
(Reference to printed bill)
Page 1, line 9, strike “of the installment and in an”
Line 10, strike “amount of at least ten” insert “percent of the installment and in an amount of at least ten”
Line 17, strike “IF” insert “ALL CERTIFICATES OF PURCHASE SOLD DURING CALENDAR YEAR 2016 AND AFTERWARDS IN A COUNTY THAT HAS ESTABLISHED”; strike “IS ESTABLISHED IN THE COUNTY”
Line 18, strike “AT ANY TIME AFTER THE TAX BECOMES DELINQUENT,”
Line 20, strike “TOTAL AMOUNT REMAINING DUE” insert “PRINCIPLE AMOUNT SHOWN”; after “OLDEST” insert “REMAINING”
Line 21, after “DELINQUENCY” insert “PLUS ANY ACCRUED INTEREST AND FEES DUE ON THE PRINCIPle PAYMENT AMOUNT”
Line 25, after the period insert “THE RECEIPT WILL SHOW THE PRINCIPle, INTEREST AND FEE AMOUNTS ALLOCATED TO THE CERTIFICATE OF PURCHASE AND THE AMOUNTS ALLOCATED TO THE ELDERLY ASSISTANCE FUND AND THE HOLDER OF THE CERTIFICATE OF PURCHASE AS PRESCRIBED UNDER SECTION 42-18153, SUBSECTION C.”
Line 29, after second “BY” insert “SECTION 42-18153 AND”
Page 2, line 12, after “entries” insert “, OR FOR ASSIGNMENT OF A SUBSEQUENT YEAR CERTIFICATE OF PURCHASE UNDER SECTION 42-18201, SUBSECTION B.”
Between lines 12 and 13, insert:
“Sec. 3. Section 42-18152, Arizona Revised Statutes, is amended to read:
42-18152. When lien may be fully redeemed
A real property tax lien may be fully redeemed at any time:
1. Within three years after the date of sale.
2. After three years but before the delivery of a treasurer's deed to the purchaser or the purchaser's heirs or assigns.
3. A LIEN THAT HAS BEEN PARTIALLY REDEEMED UNDER SECTION 42-18056, SUBSECTION C MUST BE FULLY REDEEMED BEFORE THE DELIVERY OF A TREASURER’S DEED TO THE PURCHASER.”
Renumber to conform
Page 2, strike lines 25 through 45
Page 3, strike lines 1, 2 and 3, insert:
“Sec 5. Section 42-18154, Arizona Revised Statutes, is amended to read:
42-18154. Certificate of redemption; issuance; contents; fee
A. If a person requests to redeem a real property tax lien that was sold under article 3 of this chapter, and if the county treasurer is satisfied that the person has the right to redeem the tax lien, and if the person pays the amount due, the county treasurer shall issue to the person a certificate of redemption.
B. The certificate shall:
1. Describe the parcels on which the tax lien is redeemed.
2. State:
(a) The date of redemption.
(b) The amount paid.
(c) By whom redeemed.
C. IF A PERSON REQUESTS TO PARTIALLY REDEEM A REAL PROPERTY TAX LIEN THAT WAS SOLD UNDER ARTICLE 3 OF THIS CHAPTER, AND IF THE COUNTY TREASURER IS SATISFIED THAT THE PERSON HAS THE RIGHT TO PARTIALLY REDEEM THE TAX LIEN, AND IF THE PERSON PAYS THE AMOUNT DUE, THE COUNTY TREASURER SHALL ISSUE TO THE PERSON A STATEMENT OF PARTIAL REDEMPTION.
D. THE PARTIAL REDEMPTION CERTIFICATE SHALL:
1. DESCRIBE THE PARCELS ON WHICH THE TAX LIEN IS PARTIALLY REDEEMED.
2. STATE:
(a) THE DATE OF PARTIAL REDEMPTION.
(b) THE AMOUNT PAID.
(c) THE PRINCIPLe AMOUNT REMAINING DUE.
(d) BY WHOM IT WAS PARTIALLY REDEEMED.
C. e. For each certificate of redemption the county treasurer shall:
1. Make the proper entries in the treasurer's record of tax lien sales.
2. Collect a fee of FIVE DOLLARS FOR EACH PARTIAL REDEMPTION OR ten dollars FOR A FULL REDEMPTION WHERE NO PARTIAL PAYMENTS WERE MADE.
D. f. A holder of a certificate of redemption may record the certificate in the office of the county recorder.”
Renumber to conform
Page 3, line 9, after “lien” insert “OR THE PURCHASE OF A SUBSEQUENT YEAR CERTIFICATE OF PURCHASE BY ASSIGNMENT UNDER SECTION 42-18121, SUBSECTION C, BY THE HOLDER OF THE ORIGINAL CERTIFICATE OF PURCHASE,”
After line 31, insert:
“Sec. 7. Section 42-18202, Arizona Revised Statutes, is amended to read:
42-18202. Notice
A. At least thirty days before filing an action to foreclose the right to redeem under this article, but not more than one hundred eighty days before such an action is commenced or may be commenced under section 42‑18101 the purchaser shall send notice of intent to file the foreclosure action by certified mail to:
1. The property owner of record according to the records of the county recorder in the county in which the property is located or to all of the following:
(a) The property owner according to the records of the county assessor in the county in which the property is located as determined by section 42‑13051.
(b) The situs address of the property, if shown on the tax roll and if different from the owner’s address under subdivision (a).
(c) The tax bill mailing address according to the records of the county treasurer in the county in which the property is located, if that address is different from the addresses under subdivisions (a) and (b).
2. The treasurer of the county in which the real property is located. THE COUNTY TREASURER SHALL NOT ACCEPT PARTIAL PAYMENTS UNDER SECTION 42-18056, SUBSECTION C, AFTER THE DATE A NOTICE OF ACTION TO FORECLOSE THE RIGHT TO REDEEM IS RECEIVED BY THE TREASURER.
B. The notice shall include:
1. The property owner's name.
2. The real property tax parcel identification number.
3. The legal description of the real property.
4. The certificate of purchase number.
5. The proposed date of filing the action.
C. If the purchaser fails to send the notice required by this section, the purchaser is considered to have substantially failed to comply with this section. A court shall not enter any action to foreclose the right to redeem under this article until the purchaser sends the notice required by this section.”
Amend title to conform