Twas the night before Christmas (Legally Speaking…)

Twas the Night Before Christmas at  <– Click here to view our Christmas card!

‘Twas the Night Before

at (Insofar as the undersigned parties, be they rodent

or human, mythical or otherwise nonexistent entities heretofore included, be they in mutual

agreement of the following: THAT upon the conventionally established date and time, serving as the commencement

for celebratory cheer, as to behad by at least one, if not all, on or about dusk (or 7:00 PM, MST, whichever occurs first) of that certain
evening occurring prior to the 25th day of December, 2014, commonly referred to and / or purported to be Christmas.)

What is an Affidavit of Property Value in Arizona?

Legal Documents - Business Papers

Affidavit of Property Value

An Affidavit of Property Value is form created by the Arizona Department of Revenue, and is required by law (ARS § 11-1133) to be recorded simultaneously with any deed transfer, unless you have a proper exemption code.

What exactly does the Affidavit of Property Value do?

Sometimes referred to as simply an “Affidavit of Value” or simply “APV”, the purpose of the Affidavit is to disclose information about the sale of real property. Whenever property is sold, the actual transfer is made public record by recording a deed. When the deed is recorded with the County Recorder‘s Office, an APV must be recorded at the same time to disclose information such as:

  • Parcel Number
  • Seller/Buyer Name and Address
  • Relationship between Buyer and Seller (if any)
  • Property Address
  • Where to send the Property Tax Bill
  • Type of property (Single Family Residence, 2-4 Plex, Commercial, etc)
  • Sales Price
  • Method of Financing
  • Any Personal Property included in the sale
  • Any Solar / Energy Efficient Components

After recording, this information is made public record. It is available for anyone to see, and is used as a basis to determine property taxes, establish value for comparable sales and more.

How do I file it?

  1. The form must be filled out completely, signed and notarized by both the Seller and Buyer (or their respective Agents) and attached to the deed when submitted to the county for recordingNote: If you’re mailing in the Deed and Affidavit for recording, make sure you first check to see what the recording fees will be! The cost is usually based on the number of pages and whether or not an Affidavit of Property Value is required.

When is the Affidavit not required?

There are several scenarios that exempt the requirement of recording an Affidavit of Property Value. Here’s some of the most common situations you don’t have to file an APV, and the applicable exemption codes:

  • A transfer that confirms or corrects a previously recorded deed(ARS § 11-1134 B-2)
  • Transferring property between parent and child or husband and wife, with only nominal consideration (payment) for the transfer. (ARS § 11-1134 B-3)
  • Transferring property from a person to a Trustee, or from a Trustee to a trust beneficiary with only nominal consideration for the transfer. (ARS § 11-1134 B-8)
  • Adding a spouse to create an estate in “Community Property with Right of Survivorship“. (ARS § 11-1134 B-10)
  • When recording a Beneficiary Deed(ARS § 11-1134 B-12)

These are only some of the more common scenarios. A complete list of the exemption codes can be found in Arizona Revised Statutes. Or, here’s a PDF file with the exemptions along with a short explanation of each.

So what do I actually type on the deed?

(“Help, my deed was rejected!”)

If you have determined that your deed transfer is exempt, simply type or legibly print on the face of the deed something like this:

This transfer is being made to establish an estate in Community Property with Right of Survivorship with only nominal consideration for the transfer  and the Affidavit of Property Value is exempt pursuant to ARS § 11-1134″

Really, you can even shorten that to something like Affidavit Exempt per ARS 11-1134-______”, inserting the proper code.

Where do I find the form?

You can either download a blank copy of the DOR FORM 82162 (01/2012) Affidavit of Property Value (click to download), or we will be happy to assist you in the preparation and recording of your Deed and Affidavit! You can check out our online product page, give us a call at (855) DOC-EASY or send us an email for more info.


April 22, 2013 is Earth Day! Here’s a few things we can all do to help.

Earth Day 2013

Monday, April 22, 2013 is Earth Day!


How can you partner with us to help out and save money? Easy!

At, we strive to be green whenever possible! 
We take electronic signatures from our customers whenever possible. We electronically record our documents in every Arizona County. Professional Escrow Resources, our Certified Legal Document Preparer has streamlined in house processing to minimize the amount of hard-copy paper required for each transaction.


That’s why in recognition of Earth Day 2013, we’re offering a 15% discount on all of our document preparation services if you choose electronic delivery of your docs!


Maybe you’ve been looking for the right time to add your spouse to title, but you don’t know the best way for your State. Ask us if you can use an Acceptance of Community Property with Right of Survivorship with your deed.


Maybe, you want to transfer some investment property into your LLC, but your’e not quite sure how to do it. Send us an email, and we’ll walk you through it.


Perhaps you need a Promissory Note or Deed of Trust to secure a lien on your property. Give us a call, and we will take care of everything.


All week long, we’re giving 15% off all electronically delivered documents. If you order online, just use Coupon Code: 15PFOREARTH13. If you call or email, just let us know and we’ll be sure to apply the discount. Let’s work together to save some our natural resources and some money, too!

Call today! 855-362-3279

What is a Road Maintenance Agreement?

What is a Road Maintenance Agreement?


In recent months, we’ve noticed a lot of requests for Road Maintenance Agreements (also referred to as Private Road Maintenance Agreements – in this article we might call it an “RMA”) here at We were curious to know why the uptick, so we consulted with Shari Nestor at Professional Escrow Resources (our Arizona Court Certified Legal Document Preparer #81407,) and she helped shed some light on the subject:

Well, you the Road Maintenance Agreement is often a lender requirement. When you’re creating an RMA for the first time and trying to get all of your neighbors on the same page, it can be an incredible hassle! However, if access to your property is through a private road and don’t have a Road Maintenance Agreement in place, it’s almost always a good idea!”

When we take a closer look at this abstruse document, they demystify quite quickly.

Who and what do Road Maintenance Agreements apply to?

In short, a Road Maintenance Agreement applies to a private road. So what is a private road, exactly? Here’s the Free Legal Dictionary definition:
A private road is often established because an individual needs to gain access to land; such a road can cross another person’s property. A private road can be used by the general public and is open to all who wish to use it, but it primarily benefits those at whose request it was established. Unlike highways that are cared for by the public at large, private roads are maintained at the expense of the private individuals who requested the road.
The last sentence of the definition points out what the Road Maintenance Agreement must address and who must agree to the terms, i.e.: Private Road Maintenance and the private individuals who benefit from it.

Keep in mind that once the agreement is established, it runs in perpetuity with the land. So, the responsibilities that are agreed to become the responsibilities of all future owners. That’s why these things show up on a Preliminary Title Report, and sellers are required to disclose whether or not an agreement is in place by laws such as A.R.S. §33-422. If you’re buying property with a Private Road Maintenance Agreement attached to it, you have the right to know. You’re going to be responsible for complying with it as the new owner!

Why are Private Road Maintenance Agreements desired?

There is sound rationale for having an RMA in place, and it manifests itself in many forms. The root of it all is access to the property.
Reasonable access to the property must be available at all times. If the road is not maintained, it becomes impassable. The lack of access can affect the value of the home. Court battles might arise, with costs to everyone involved.

When are Road Maintenance Agreements required?

Increasingly often, to be sure!  FHA loans have requested them for some time, and as more and more lenders mimic HUD guidelines their prevalence continues to grow. Here are Fannie Mae’s current requirements in a nutshell:

If the property is located on a community-owned or privately owned and maintained street, Fannie Mae will now an adequate, legally enforceable agreement or covenant for maintenance of the street. The agreement or covenant should include the following provisions and be recorded in the land records of the appropriate jurisdiction:

  1. Responsibility for payment of repairs, including each party’s representative share.  
  2. Default remedies in the event a party to the agreement or covenant fails to comply with his or her obligations and
  3. The effective term of the agreement or covenant which in most cases should be perpetual and binding on any future owners.   

There are, of course, exceptions and workarounds to these requirements. For example, if there is a statutory provision that defines the responsibilities for property owners to maintain their private roads Fannie Mae will doesn’t require a separate agreement. However, that doesn’t mean that all lenders will follow suit. And, it certainly doesn’t hurt to have an agreement that addresses the maintenance issues the way you want them to be addressed!

Okay, so how do put a Private Road Maintenance Agreement in place?

Although it can be quite complicated, here’s the breakdown of what needs to be done:

  1. Define each homeowner’s responsibility for the road maintenance.
  2. Define each homeowner’s responsibility for the road repairs.
  3. Define a remedy in case of default, or failure to comply.
  4. Define the effective term of the agreement (binding, and in perpetuity.)
  5. Have all owners sign the agreement.
  6. Attach legal descriptions for each property.
  7. Record the document with the appropriate county.

This is admittedly a simplified breakdown of what to do, but all the elements are there. Of course, would be happy to assist you in preparing and recording your Road Maintenance Agreement. You can always contact me directly via phone (855 DOC-EASY) or email with any additional questions, or to get started with your agreement. Also, I’ll monitor the comments section below and be happy to answer any questions there! Thanks!

Who actually prepares my documents? and Professional Escrow Resources

Who actually prepares your docs?

When you get Legal Documents prepared from, we do all the work. You’re not just “buying forms” you end up having to complete yourself… you’re getting everything done for you. We work with Professional Escrow Resources, LLC, Certified Legal Document Preparers (Arizona Supreme Court, Board of Legal Document Preparers, Certificate #81407).

Aaron Scott, Operations Manager for PER, has this to say about our partnership:


Aaron Scott of Professional Escrow Resources

Aaron Scott, Professional Escrow Resources

There is no such thing as the “Typical” customer for us.  Every customer has their own set of individual needs, and usually a few minutes on the phone is all it takes to answer any questions they may have. There’s over 50 years of combined experience in my office. That advantage, combined with‘s streamlined ordering, processing and recording systems gives the customer exactly what they need. We can have them recorded within hours.  The truth is, nobody else can do this. Together, we’ve forged an amazing resource for the consumer.”


Shari Nestor, President of PER (CLDP #81309), has been preparing legal documents for over 30 years! She pretty much sums it up:

[Photo of Shari Nestor]

Shari Nestor, President of PER

At PER, we do things right! That may sound simple, but I can’t stress the importance of that fact. As an Expert Witness in the field of Title and Escrow, I am often asked to submit my opinion to the court about how things are supposed to be done in real estate transactions.  It’s amazing how sometimes little things can make such a huge difference when you’re dealing with legal documents. These are pieces of paper we use to deal with our homes, our children’s homes, our investments… our livelihood! I’ve been doing this my whole life. It’s not just my job, it’s my passion.

If you have any questions about Real Estate Document Preparation, just let us know!