What This Statute Says
Federal courts also enter money judgments. This short section confirms that a federal judgment follows the same path as a state judgment: an abstract must be recorded, with the information statement when required, before it becomes a lien on Arizona real property.
An abstract of a judgment given by any court of record of the United States within this state shall be recorded in the manner provided in section 33-961 and in compliance with section 33-967, if applicable, before the judgment becomes a lien upon, or in any manner affects or encumbers, the real property of the judgment debtor, or any part thereof.
A.R.S. § 33-963When This Statute Comes Into Play
This section applies when:
- A creditor holds a federal court judgment and wants it to attach to Arizona real estate.
- An estate includes property and a federal judgment against the decedent surfaces.
- A title search reveals an abstract of a federal judgment recorded against the land.
What This Means for Arizona Families
A federal judgment is not automatically a lien on your Arizona property either. The creditor has to record an abstract of the judgment with the county, following the same rules that apply to state court judgments, and include the information statement when it is required. Without that recording, the judgment does not encumber the land.
Families dealing with an estate should treat federal judgments the same way they treat state judgments during title review. Our FAQ on whether creditors can reach inherited property is a helpful overview, and our glossary defines an encumbrance. If a federal judgment lien appears against property in an estate, an Arizona estate planning attorney can help confirm its validity and priority.