33-420. False documents; liability; special
action; damages; violation; classification
A. A person purporting to claim an interest in, or a lien or encumbrance against,
real property, who causes a document asserting such claim to be recorded in the office of
the county recorder, knowing or having reason to know that the document is forged,
groundless, contains a material misstatement or false claim or is otherwise invalid is
liable to the owner or beneficial title holder of the real property for the sum of not
less than five thousand dollars, or for treble the actual damages caused by the
recording, whichever is greater, and reasonable attorney fees and costs of the action.
B. The owner or beneficial title holder of the real property may bring an action
pursuant to this section in the superior court in the county in which the real property
is located for such relief as is required to immediately clear title to the real property
as provided for in the rules of procedure for special actions. This special action may
be brought based on the ground that the lien is forged, groundless, contains a material
misstatement or false claim or is otherwise invalid. The owner or beneficial title
holder may bring a separate special action to clear title to the real property or join
such action with an action for damages as described in this section. In either case, the
owner or beneficial title holder may recover reasonable attorney fees and costs of the
action if he prevails.
C. A person who is named in a document which purports to create an interest in, or
a lien or encumbrance against, real property and who knows that the document is forged,
groundless, contains a material misstatement or false claim or is otherwise invalid shall
be liable to the owner or title holder for the sum of not less than one thousand dollars,
or for treble actual damages, whichever is greater, and reasonable attorney fees and
costs as provided in this section, if he wilfully refuses to release or correct such
document of record within twenty days from the date of a written request from the owner
or beneficial title holder of the real property.
D. A document purporting to create an interest in, or a lien or encumbrance
against, real property not authorized by statute, judgment or other specific legal
authority is presumed to be groundless and invalid.
E. A person purporting to claim an interest in, or a lien or encumbrance against,
real property, who causes a document asserting such claim to be recorded in the office of
the county recorder, knowing or having reason to know that the document is forged,
groundless, contains a material misstatement or false claim or is otherwise invalid is
guilty of a class 1 misdemeanor.
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