Except as otherwise provided in this section, a trust deed, substitution of trustee, notice of resignation of trustee, assignment of a beneficial interest under a trust deed, notice of sale, cancellation of notice of sale, trustee's deed, deed of release, and any instrument by which a trust deed is subordinated or waived as to priority, if acknowledged as provided by law, shall from the time of being recorded impart notice of the content to all persons, including subsequent purchasers and encumbrancers for value. The recording of an assignment of the beneficial interest in a trust deed shall not be deemed notice of such assignment to the trustor, his heirs or personal representatives, so as to invalidate any payment made by them, or any of them, to the person previously holding the note, bond, or other instrument evidencing the contract or contracts secured by the trust deed.
Notes of Decisions
Manicom v. Citimortgage, Inc., 336 P.3d 1274 (Ariz. Ct. App. 2014).
· cites it 8× “” In re Bisbee, 157 Ariz. 31, 33 , 754 P.2d 1135, 1137 (1988).”
Main I Ltd. P'ship v. Venture Capital Constr. & Dev. Corp., 741 P.2d 1234 (Ariz. Ct. App. 1987).
· cites it 3× “Next Main I argues that Venture Capital does not fit within the provisions of section 33-811(A) because A.R.S. § 33-818 provides that certain documents including “notice of sale .”
Julia Vasquez v. Saxon Mortg. Inc, 266 P.3d 1053 (Ariz. 2011).
· cites it 2× “Vasquez’s reliance on A.R.S. § 33-818 is also unavailing. That statute only provides that although recording an assignment of the beneficial interest in a trust deed generally imparts notice of its "content to all persons,” recording alone does not invalidate subsequent payments…”
In re Bisbee, 754 P.2d 1135 (Ariz. 1988).
· cites it 2× “It is also undisputed that the property was correctly described and the instruments were properly acknowledged.”
Passey v. Great W. Assocs. II, 850 P.2d 133 (Ariz. Ct. App. 1993).
· cites it 2× “A.R.S. § 33-818; 2. That said deed of trust which incorporated by reference addendum B was signed by the party to be charged James M.”
Kester v. CitiMortgage, Inc., 177 F. Supp. 3d 1150 (D. Ariz. 2016).
· cites it 4× “2014) (quoting A.R.S. § 33-818). But such constructive notice is effective only if the deed of trust or other document is properly acknowledged and notarized: Except as otherwise provided in this section, a trust deed, substitution of trustee, notice of resignation of trustee,…”
Fernandez v. Houseopoly, No. 1 CA-CV 23-0461 (Ariz. Ct. App. Aug. 15, 2024).
· cites it 4× “Here, Ortega, the property owner; Lowry, the deed of trust holder; and Lara, an assignee under the deed of trust; all lost whatever interest they had in Parcel B when they failed to redeem the sewer assessment during the statutory period.”
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