33-421. Recording of liens
A. A nonconsensual lien, other than a lien recorded by a governmental entity or
political subdivision or agency, a validly licensed utility or water delivery company, a
mechanics' lien claimant or an entity created under covenants, conditions, restrictions
or declarations affecting real property, shall not be recorded unless the lien is
accompanied by an order or judgment from a court of competent jurisdiction authorizing
the filing of the lien.
B. If a nonconsensual lien is accepted for recording as described in subsection A,
the recording officer shall accept for recording a notice of invalid lien that is signed
and submitted by the attorney general or county attorney. The attorney general or county
attorney shall mail a copy of the notice of invalid lien to the person who is designated
as creditor and to the person who recorded the nonconsensual lien at the address of each
as stated on the recorded document. The purported lien is conclusively presumed to be
invalid when the invalid lien is recorded.
C. The county recorder shall not record any lien except as prescribed in subsection
A or otherwise authorized by law unless the lien is accompanied by the notarized
signature of the debtor on a document acknowledging the filing and recording of the lien.
D. A recording officer or a county is not liable for accepting for recording a lien
pursuant to this section.
E. A nonconsensual lien that is recorded with the county recorder and that is not
recorded by an authorized entity pursuant to subsection A or that is not ordered by the
superior court does not affect the marketability of title to the real property described
in the nonconsensual lien and shall not constitute actual or constructive notice of any
of the matters contained in the lien.
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