33-724

33-724. State as party to foreclosure
actions

A. The state may be made a party to an action to foreclose a mortgage upon real
property when the state claims any estate, interest in or lien upon such real
property. The complaint shall set forth the nature of the estate, interest or lien
allegedly claimed by the state.

B. When the state is made defendant, a copy of the summons and complaint shall be
served upon the attorney general if the action is pending in Maricopa county, or upon the
county attorney of the county where the action is pending if in a county other than
Maricopa, and it shall be the duty of such county attorney forthwith to transmit the
summons and complaint to the attorney general and to file pleadings in the action as
directed by the attorney general.

C. If after appropriate investigation, it appears to the attorney general that the
proceeds from the sale of the property would be insufficient to wholly or partly satisfy
any inferior lien of the state, or that the claim of the state has been satisfied or by
lapse of time or otherwise has become unenforceable, the attorney general may file a
disclaimer of interest releasing the property from such lien.