A.R.S. 33-998: The Six Month Deadline to Foreclose a Lien

A mechanics lien does not last forever. A.R.S. 33-998 puts a hard expiration on it: the claimant has six months from the day the lien was recorded to file a foreclosure lawsuit. Sue within six months and the lien stays alive while the case runs. Let the six months pass without filing and the lien is dead, and it no longer clouds your title. For a homeowner staring at a lien, this clock can be the whole defense.

The six month limit

The statute draws a bright line between a recorded lien that is being pursued and one that is simply sitting there:

A lien granted under the provisions of this article shall not continue for a longer period than six months after it is recorded, unless action is brought within that period to enforce the lien.

So recording a lien is not the finish line for the claimant. To keep it, they have to start a real lawsuit, a foreclosure action, within six months. When they file, they also record a notice of pendency of action (a "lis pendens") under A.R.S. 12-1191 so the lawsuit shows up on the title. If that six month window closes with no suit, the lien lapses by operation of law.

What this means while you wait

This deadline shifts pressure onto the claimant, not you. A lien is uncomfortable, but it is not a judgment, and it cannot force a sale by itself. The claimant has to go to court within six months, prove the debt, and win. Many liens are recorded mainly to pressure a settlement and are never actually foreclosed.

For example, suppose a tile sub records an $8,000 lien on your Cave Creek home on April 1. If the sub never files a foreclosure suit, the lien expires around October 1 and stops clouding your title. If the sub does sue within those six months, the case proceeds, and 33-998 lets the court award reasonable attorney fees to whichever side wins. That fee exposure cuts both ways: it can make a weak lien claimant think twice, and it rewards an owner who beats a bad lien. Note that a refusal to pay a valid lien can still cost you fees, so the time to challenge a lien is early, not after a judgment.

How this connects to the lien timeline

This is the last gate in the lien sequence. The right to lien comes from A.R.S. 33-981 , the early twenty day notice preserves it, and the lien is recorded within 120 days of completion under A.R.S. 33-993 . This section is the clock that runs after recording. If your home qualifies for the owner-occupied dwelling exemption , a sub may have no valid lien to foreclose in the first place. For another Arizona deadline that protects homeowners on defective work, see our explainer on the Arizona Purchaser Dwelling Act .

Full text and source

Read the limitation period and the attorney fee provision on the legislature's site: View A.R.S. 33-998 on azleg.gov .

Six months passes faster than it sounds, so if a lien is on your home, calendar the recording date and have an attorney confirm whether the foreclosure deadline has run before you decide to pay or fight.