A. If a person, whose principal place of business is located in a state other than this state and who has not appointed a statutory agent or maintained an office in this state for service of process, engages in servicing a residential loan, the person is deemed to have consented to the jurisdiction of the courts of this state and appointed the secretary of state as the agent of the person on whom any process, notice or demand may be served with respect to causes of action arising out of the servicing of the residential loan. When service is made on the secretary of state under this section, the person shall have thirty days to respond in addition to the time otherwise provided by law.

Terms Used In Arizona Laws 44-1798.21

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: means an individual, partnership, corporation, association, or any other entity of whatever kind or nature. See Arizona Laws 44-1691
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Service of process: The service of writs or summonses to the appropriate party.

B. Upon receipt of any process, notice or demand under this section, the secretary of state shall immediately forward, by certified mail, one copy of the process, notice or demand to the person to whom the process, notice or demand is directed or addressed to the address where periodic payments are mailed. The person initiating the process, notice or demand shall be responsible at the time of service upon the secretary of state to provide to the secretary of state the address where periodic payments are mailed.

C. Service of process, notice or demand shall be deemed complete with service upon the secretary of state.

D. The secretary of state shall keep a permanent record of all processes, notices and demands served on the secretary of state under this section which includes the time of each service and the secretary of state’s action with relation to each service.

E. For the purposes of this section:

1. "Residential loan" means any loan that is secured by a lien on residential property in this state except temporary financing such as a construction loan.

2. "Residential property" means real property consisting of two and one-half acres or less or a mobile home as defined in section 28-2001, either of which is limited to and utilized for either a single one-family or a single two-family dwelling.

3. "Servicing" means receiving any scheduled periodic payments from a borrower pursuant to the terms of any residential loan.

  Previous section
Next section  
 Article 16 Contents