33-714. Expiration of mortgage and deed of trust; applicability
A. The lien of any mortgage or deed of trust on any real property that is not otherwise satisfied or discharged expires at the later of the following times:
1. If the final maturity date or the last date fixed for payment of the debt or performance of the obligation is ascertainable from the county recorder's records, ten years after that date.
2. If the final maturity date or the last date fixed for payment of the debt or performance of the obligation is not ascertainable from the county recorder's records or if there is no final maturity date or last date fixed for payment of the debt or performance of the obligation, fifty years after the date the mortgage or deed of trust was recorded.
3. If a notice of intent to preserve mortgage or deed of trust is recorded within the time prescribed in paragraph 1 or 2, ten years after the date the notice is recorded.
B. The notice of intent to preserve mortgage or deed of trust shall be executed by the owner of the obligation secured by the mortgage or deed of trust and shall contain the instrument number or recorder's number of the mortgage or deed of trust.
C. Expiration of the lien of a mortgage or deed of trust pursuant to this section is equivalent for all purposes to a satisfaction, reconveyance, release or other discharge of the lien.
D. This section applies to all mortgages or deeds of trust whether created before or after the effective date of this section.
Notes of Decisions
Jose R. Aroca v. Tang Inv. (Ariz. 2025).
· cites it 22× “But Tang argued that § 12-548(A)(1) did not extinguish the Deed of Trust lien on the property, the Deed of Trust was not satisfied or discharged, and A.R.S. § 33-714 extended the statute of limitations to enforce deed of trust liens, through foreclosure or a trustee’s sale, to…”
Jose R. Aroca & Kirstin Aroca v. Tang Inv. Co., LLC ... (Ariz. Ct. App. 2024).
· cites it 15× “Tang asserted that A.R.S. § 33-714, enacted in 2002, modified existing law and extended the statute of limitations to enforce a deed of trust beyond the six-year term under § 12-548.”
Brosnahan v. Caliber Home (Ariz. Ct. App. 2023).
· cites it 10× “The court therefore found “the lien has not expired under A.R.S. § 33-714 and is valid as a matter of law.”
Westbrook v. Quality Loan Serv. Corp. (D. Ariz. 2025).
· cites it 2× “§ 33-707 and/or A.R.S § 33-714 because “the loan obligation 24 secured by the Property has been satisfied in full, as evidenced by a recorded Deed of 25 Reconveyance dated February 20, 2025, and recorded on March 1, 2025.”
— Ariz. Rev. Stat. § 33-714(A) — 1 case
Jose R. Aroca v. Tang Inv. (Ariz. 2025).
“But Tang argued that § 12-548(A)(1) did not extinguish the Deed of Trust lien on the property, the Deed of Trust was not satisfied or discharged, and A.R.S. § 33-714 extended the statute of limitations to enforce deed of trust liens, through foreclosure or a trustee’s sale, to…”
— Ariz. Rev. Stat. § 33-714(A)(1) — 1 case
Brosnahan v. Caliber Home (Ariz. Ct. App. 2023).
“The court therefore found “the lien has not expired under A.R.S. § 33-714 and is valid as a matter of law.”
— Ariz. Rev. Stat. § 33-714(A)(2) — 2 cases
Jose R. Aroca v. Tang Inv. (Ariz. 2025).
“But Tang argued that § 12-548(A)(1) did not extinguish the Deed of Trust lien on the property, the Deed of Trust was not satisfied or discharged, and A.R.S. § 33-714 extended the statute of limitations to enforce deed of trust liens, through foreclosure or a trustee’s sale, to…”
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