Arizona Revised Statutes

Ariz. Rev. Stat. § 33-708 (2026)

Release by attorney in fact

✓ current as of May 2026

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An attorney in fact to whom the money due on a mortgage or deed of trust is paid may execute the release provided for in this article. Such acknowledgment of satisfaction or deed of release, duly acknowledged and recorded, showing the docket and page or recording number, releases the mortgage or deed of trust and revests in the mortgagor or person who executed the deed of trust, or his legal representatives, all title to the property affected by the mortgage or deed of trust.

Notes of Decisions

Cited in 2 cases, 1989–1990 · leading case: Eardley v. Greenberg, 792 P.2d 724 (Ariz. 1990).

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Eardley v. Greenberg, 792 P.2d 724 (Ariz. 1990). “, its conveyance, § 33-401(A), and the release of an encumbrance upon it by a *264 secured party, § 33-708. On the other hand, a substitution of trustee is primarily an administrative act of much less importance than a conveyance of title or release of an encumbrance.”

Eardley v. Greenberg, 774 P.2d 822 (Ariz. Ct. App. 1989). · cites it 2× “A.R.S. § 33-708 (1974). We conclude, based upon the clear language in § 33-804(C) and a comparison with other statutory provisions that specifically allow other acts to be performed by an attomey-in-fact, that a notice of substitution must be personally signed and acknowledged…”

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