What happens if the name of the entity that owns the property legally changes its name? What notifications are required

4 weeks ago

If the entity the subcontractors and material suppliers filed pre-lien notices under the old entity name what kind of notification are we required to give them on the name change. I would assume they are grandfathered in if they filed correctly under the original entity/property name.

Senior Legal Associate Levelset

If the ownership information on the preliminary notice is correct at the time it’s sent, then the sender is generally under no obligation to update the info due to a name change that occurs afterward. This would seem especially true where the ownership hasn’t actually changed hands but has merely gone under a name change.

Further, ARS § 33-992.01, which lays out the Arizona preliminary notice requirements, also appears to provide some flexibility with ownership information. § 33-992.01(4)(B) staes that the notice must be made to the “owner or reputed owner.”

Even in the event that the preliminary notice featured an outdated owner name, as long as the notice was actually received by the party it was intended for, preliminary notice will typically be effective.

Here are some other Arizona preliminary notice resources that should be valuable:

– Ultimate Guide to Arizona’s 20-Day Preliminary Notice
– Arizona Preliminary Notice Guide and FAQs

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