33-1075. Satisfaction of lien; damages
A. On satisfaction of any lien established pursuant to this article, the lienholder shall record a satisfaction of the lien within thirty days. The satisfaction shall be in the form prescribed by section 11-480. A lienholder who fails to record a satisfaction of lien pursuant to this section is subject to the penalties prescribed by section 33-712.
B. A broker shall record a waiver and release of claim of lien that extinguishes the broker's lien rights on either of the following:
1. Within thirty days after satisfaction of a broker's claim of lien arising pursuant to this article if satisfaction occurs before recording a notice of commercial real estate broker lien.
2. Within ten days after receipt of a written request from the owner and if the broker fails to record a notice of commercial real estate broker lien within the time period prescribed by section 33-1072, subsection A, paragraph 3, subdivision (a) or (b).
C. A broker who is required to record a waiver and release of claim of lien by subsection B of this section and who fails to record a waiver is subject to the penalties prescribed by section 33-712.
D. A waiver and release of claim of lien is sufficient if it complies with other applicable laws and if it is in substantially the following form:
Waiver and Release of Claim of Lien
I (we) hereby unconditionally waive and release any claim of lien evidenced by the recording of a " broker's preliminary notice of intent to lien" or " notice of commercial real estate broker lien" , or both, recorded on (date) in docket or book __________ at page _______, or instrument number _______, records of ____________ county, Arizona.
Dated:
Signature
(Acknowledgment)
Section: Previous 33-1065 33-1066 33-1067 33-1071 33-1072 33-1073 33-1074 33-1075 33-1076 33-1101 33-1102 33-1103 33-1104 33-1105 33-1121 NextLast modified: October 13, 2016