reglab/housing_qa huggingface dataset:
AR Code § 18-49-102 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 49 - Enforcement of Mortgages, Deeds of Trust, and Vendors' Liens|§ 18-49-102. Defense of payment or setoff

 (a) In any action in a justice court or circuit court of this state in which it is attempted to foreclose any mortgage or deed of trust or to replevy, under a mortgage, deed of trust, or other instrument any personal property, the defendant in the action shall have the right to prove or show any payment or setoff under the mortgage, deed of trust, or other instrument.  (b) Judgment shall be rendered for the property or the balance due thereon, and the defendant may pay the judgment for the balance due and costs within ten (10) days and satisfy the judgment and retain the property.
AR Code § 18-49-103 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 49 - Enforcement of Mortgages, Deeds of Trust, and Vendors' Liens|§ 18-49-103. Judgment

 (a) It shall not be necessary in any action upon a mortgage or lien to enter an interlocutory judgment or give time for the payment of money, or for doing any other act. In such cases, final judgment may be given in the first instance.  (b) In the foreclosure of a mortgage, a sale of the mortgaged property shall be ordered in all cases.  (c) In an action on a mortgage or lien, the judgment may be rendered for the sale of the property and for the recovery of the debt against the defendant personally.  (d) Whenever a mortgagee reasonably believes that mortgaged property has or will be affected by a release or threatened release of any hazardous substance including, but not limited to, those defined by 42 U.S.C. § 9601(14) and (22), or § 8-7-403(a)(8) [repealed], or § 8-7-503, the mortgagee may proceed against the mortgagor personally to recover the debt, without need to first seek a sale of the mortgaged property.
AR Code § 18-49-104 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 49 - Enforcement of Mortgages, Deeds of Trust, and Vendors' Liens|§ 18-49-104. Sale of property under court order and publication of notice of sales

 (a)  (1) Sales of personal property made by order of the court shall be on a credit of three (3) months.  (2) Sales of real property made by court order shall be on a credit of not less than three (3) months nor more than six (6) months, or on installments equivalent to not more than four (4) months' credit on the whole, to be determined by the court.    (b)  (1) In all sales on credit, the purchaser shall execute a bond, with good surety, to be approved by the person making the sale, and the bond shall have the force of a judgment.  (2) In sales of real property, a lien shall be retained on the property for its price.    (c)  (1) The mortgagee, trustee, or vendor shall publish a notice of the sale in a newspaper published and having a general circulation in the county in which the property is situated or, if this is not available, then in a newspaper of general statewide daily publication one (1) time.  (2) The publication shall be at least ten (10) days prior to the sale.
AR Code § 18-49-105 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 49 - Enforcement of Mortgages, Deeds of Trust, and Vendors' Liens|§ 18-49-105. Proceeds of sale insufficient

 If the whole of mortgaged property does not sell for a sum sufficient to satisfy the amount due, an execution may be issued against the defendant as on ordinary judgments.
AR Code § 18-49-106 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 49 - Enforcement of Mortgages, Deeds of Trust, and Vendors' Liens|§ 18-49-106. Redemption of real property

 (a)  (1) In all cases where real property is sold under an order or decree of the circuit court or a court exercising circuit jurisdiction in the foreclosure of mortgages and deeds of trust, the mortgagor or his or her heirs or legal representatives shall have the right to redeem the property so sold.  (2) This may be done at any time within one (1) year from the date of sale, by the payment of the amount for which the property was sold, together with interest thereon, at the rate borne by the decree or judgment, and the cost of foreclosure and sale.    (b) The mortgagor may waive the right of redemption in the mortgage or deed of trust so executed and foreclosed.
AR Code § 18-50-101 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 50 - Statutory Foreclosures|§ 18-50-101. Definitions

 As used in this chapter:   (1) “Beneficiary” means the person named or otherwise designated in a deed of trust as the person for whose benefit a deed of trust is given or his or her successor in interest;  (2) “Deed of trust” means a deed conveying real property in trust to secure the performance of an obligation of the grantor named in the deed or an obligor that is secured by the deed of trust to a beneficiary and conferring upon the trustee a power of sale for breach of an obligation of the grantor or obligor contained in the deed of trust;  (3) “Grantor” means the person conveying an interest in real property by a mortgage or deed of trust as security for the performance of an obligation secured by the mortgage or deed of trust;  (4) “Mortgage” means the grant of an interest in real property to be held as security for the performance of an obligation by the mortgagor or other person;  (5) “Mortgage company” means any private, state, or federal entity that in the usual course of its business is either the mortgagee or beneficiary of a deed of trust or mortgage;  (6) “Mortgage loan servicer” means an entity that holds itself out as being able to service loans secured by liens or mortgages encumbering real property;  (7) “Mortgagee” means the person holding an interest in real property as security for the performance of an obligation secured by a mortgage or his or her attorney-in-fact appointed pursuant to this chapter;  (8) “Mortgagor” means the person granting an interest in real property as security for the performance of an obligation secured by a mortgage;  (9) “Obligor” means a person owing an obligation that is secured by a mortgage or deed of trust;  (10) “Sale” means the public auction conducted pursuant to § 18-50-107;  (11) “Trust property” means the property encumbered by a mortgage or deed of trust; and  (12) “Trustee” means any person or legal entity to whom legal title to real property is conveyed by deed of trust or his or her successor in interest.
AR Code § 18-50-103 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 50 - Statutory Foreclosures|§ 18-50-103. Conditions to exercise of power of sale

 A beneficiary or mortgagee may not initiate a foreclosure under this chapter unless:   (1) The deed of trust or mortgage is filed for record with the recorder of the county in which the trust property is situated;  (2)  (A) The beneficiary or mortgagee:  (i) Has personal knowledge of the records and information provided under this subdivision (2); and  (ii) At least ten (10) days before initiating the foreclosure has provided by standard mail to the grantor, mortgagor, or obligor at the address of the property encumbered by the mortgage or deed of trust or the mailing address of the grantor, mortgagor, or obligor:  (a) A true and correct copy of the note with all required endorsements, the mortgage, or the deed of trust;  (b) The name of the holder and the physical location of the original note;  (c) A true and correct copy of the original mortgage or deed of trust and if in the possession of the beneficiary or mortgagee, each assignment or allonge of the mortgage or deed of trust;  (d) Information, including the applicable telephone number and Internet address, regarding the availability to the grantor, mortgagor, or obligor of each program for loan modification assistance or forbearance assistance offered:  (1) Solely by the beneficiary or the mortgagee; or  (2) By a government agency if the beneficiary or mortgagee participates in the government agency's program; and    (e) If the default is the result of the failure to make payment, a payment history showing the date of default.      (B) If a true and correct copy of the original note, mortgage, deed of trust, or an assignment or allonge of the note, mortgage, or deed of trust is lost or otherwise unavailable, the beneficiary or mortgagee may, instead of providing true and correct copies of the note, mortgage, deed of trust, or assignment or allonge of the note, mortgage, or deed of trust, provide a statement that the document is lost or otherwise unavailable, and shall recite the good faith efforts the beneficiary or mortgagee has made to locate the document.  (C) The duties of the beneficiary or mortgagee to provide information under this subdivision (2) are not delegable to the beneficiary's trustee or the mortgagee's attorney-in-fact;    (3) There is a default by the mortgagor, grantor, or obligor with respect to any provision in the mortgage or deed of trust that authorizes sale in the event of default of the provision; and  (4) No action has been instituted to recover the debt or any part of it secured by the mortgage or deed of trust or, if such action has been instituted, the action has been dismissed.
AR Code § 18-50-105 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 50 - Statutory Foreclosures|§ 18-50-105. Publication of notice

 The mortgagee or trustee shall publish the notice:   (1) In a newspaper of general circulation in the county in which the trust property is situated or in a newspaper of general statewide daily publication one (1) time a week for four (4) consecutive weeks prior to the date of sale. The final publication shall be no more than ten (10) days prior to the sale;  (2) By employing a third-party posting provider to post notice at the place at the county courthouse where foreclosure sales are customarily advertised and conducted; and  (3) By employing a third-party Internet foreclosure sale notice information service provider.
AR Code § 18-50-106 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 50 - Statutory Foreclosures|§ 18-50-106. Trustee's affidavit

 On or before the date the mortgagee or trustee conducts the sale, a duly acknowledged affidavit of mailing and publication of the notice of default and intention to sell shall be filed for record with the recorder of the county in which the trust property is situated.
AR Code § 18-50-107 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 50 - Statutory Foreclosures|§ 18-50-107. Manner of sale

 (a) The sale shall be held on the date and at the time and place designated in the notice of default and intention to sell, except that the sale shall:  (1) Be held between 9:00 a.m. and 4:00 p.m.;  (2) Be held either at the premises of the trust property or at the front door of the county courthouse of the county in which the trust property is situated; and  (3) Not be held on a Saturday, Sunday, or a legal holiday.    (b)  (1)  (A) Any person, including the mortgagee and the beneficiary, may bid at the sale.  (B) The trustee may bid for the beneficiary but not for himself or herself.    (2) The mortgagee or trustee shall engage a third party that is licensed to sell real estate under the Real Estate License Law, § 17-42-101 et seq., and licensed to act as an auctioneer under the Auctioneer's Licensing Act, § 17-17-101 et seq., to conduct the sale and act at the sale as the auctioneer.  (3) No bid shall be accepted that is less than two-thirds (2/3) of the entire indebtedness due at the date of sale.    (c)  (1) The person conducting the sale may postpone the sale from time to time.  (2)  (A) In every such case, notice of postponement shall be given by:  (i) Public proclamation thereof by that person; or  (ii) Written notice of postponement posted at the time and place last appointed for the sale.    (B)  (i) No other notice of the postponement need be given unless the sale is postponed for longer than thirty (30) days beyond the date designated in the notice.  (ii) In that event, notice thereof shall be given pursuant to § 18-50-104.        (d) The sale is concluded when the highest bid is accepted by the person conducting the sale.  (e)  (1) Unless otherwise agreed to by the trustee or mortgagee, the purchaser shall pay at the time of sale the price bid.  (2) Interest shall accrue on any unpaid balance of the price bid at the rate specified in the note secured by the mortgage or deed of trust.  (3) Within ten (10) days after the sale, the mortgagee or trustee shall execute and deliver the trustee's deed or mortgagee's deed to the purchaser.  (4) The mortgagee or beneficiary shall receive a credit on its bid for:  (A) The amount representing the unpaid principal owed;  (B) Accrued interest as of the date of the sale;  (C) Advances for the payment of taxes, insurance, and maintenance of the trust property; and  (D) Costs of the sale, including reasonable trustee's and attorney's fees.      (f)  (1) The purchaser at the sale shall be entitled to immediate possession of the property.  (2)  (A) Possession may be obtained by filing a complaint in the circuit court of the county in which the property is situated and attaching a copy of the recorded trustee's or mortgagee's deed, whereupon the purchaser shall be entitled to an ex parte writ of assistance.  (B) Alternatively, the purchaser may bring an action for forcible entry and detainer under § 18-60-301 et seq.  (C) In either event, the provisions of § 18-50-116(d) shall apply.
AR Code § 18-50-108 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 50 - Statutory Foreclosures|§ 18-50-108. Effect of sale

 (a)  (1) A sale made by a mortgagee or trustee shall foreclose and terminate all interest in the trust property of all persons to whom notice is given under § 18-50-104 and of any other person claiming by, through, or under the person. A failure to give notice to any person entitled to notice shall not affect the validity of the sale as to persons notified.  (2) A person entitled to notice, but not given notice, shall have the rights of a person not made a defendant in a judicial foreclosure.    (b) A sale shall terminate all rights of redemption, and no person shall have a right to redeem the trust property after a sale, notwithstanding that the deed to and possession of the trust property have yet to be delivered.  (c)  (1) No notice shall be required to be given to any person claiming an interest subsequent to the filing of the notice of default and intention to sell as set forth in § 18-50-104.  (2) The filing of the notice of default and intention to sell shall have the same force and effect as the filing of a lis pendens in a judicial proceeding.
AR Code § 18-50-109 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 50 - Statutory Foreclosures|§ 18-50-109. Disposition of proceeds of sale

 The trustee or mortgagee shall apply the proceeds of the sale as follows:   (1) To the expenses of the sale, including compensation of the trustee or mortgagee and a reasonable fee by the attorney;  (2) To the indebtedness owed;  (3) To all persons having recorded liens subsequent to the interest of the trustee or mortgagee as their interests may appear in the order of the priority; and  (4) The surplus, if any, to the grantor of the trust deed or to the successor in interest of the grantor entitled to the surplus.
AR Code § 18-50-111 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 50 - Statutory Foreclosures|§ 18-50-111. Form and effect of trustee's or mortgagee's deed

 (a)  (1) The trustee's or mortgagee's deed shall contain recitals of compliance with the requirements of this chapter relating to the exercise of the power of sale and sale of the trust property, including recitals concerning mailing and publication of notice of default and intention to sell and the conduct of the sale.  (2) Upon the filing of the deed for record with the recorder of the county in which the trust property is situated, the recitals shall be prima facie evidence of the truth of the matters set forth therein, but the recitals shall be conclusive in favor of a purchaser for value in good faith relying upon them.    (b) The trustee's or mortgagee's deed shall convey to the purchaser all right, title, and interest in the trust property the mortgagor or grantor had or had the power to convey at the time of the execution of the mortgage or deed of trust, together with all right, title, and interest in the mortgagor or grantor or their successors in interest acquired after the execution of the mortgage or deed of trust, and the conveyance shall be deemed effective and relate back to the time of the sale.
AR Code § 18-50-112 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 50 - Statutory Foreclosures|§ 18-50-112. Deficiency judgment

 (a)  (1) At any time within twelve (12) months after a sale under this chapter, a money judgment may be sought for the balance due upon the obligation for which a mortgage or deed of trust was given as security.  (2) In such action, the plaintiff shall set forth in his or her complaint, and shall have the burden of proving, the entire amount of indebtedness which was secured by the mortgage or deed of trust, the amount for which the trust property was sold, and the fair market value of the trust property at the date of sale, together with interest from the date of sale, costs, and attorney's fees.    (b) Judgment shall not exceed the lesser of the following:  (1) The amount for which the indebtedness due at the date of sale, with interest from the date of sale, costs, and trustee's and attorney's fees, exceeds the fair market value of the trust property; or  (2) The amount for which the indebtedness due at the date of sale, with interest from the date of sale, costs, and trustee's and attorney's fees, exceeds the amount for which the trust property was sold.
AR Code § 18-50-113 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 50 - Statutory Foreclosures|§ 18-50-113. Request for notice

 (a) At any time subsequent to the recordation of a mortgage or deed of trust and prior to a recording of a notice of default and intention to sell under the mortgage or deed, any person desiring a copy of any such notice may file for record with the recorder of the county where the trust property is situated a duly acknowledged request for a copy of any notice of default and intention to sell.  (b) The request shall contain the name and address of the person requesting a copy of the notice and shall identify the mortgage or deed of trust by stating the names of the parties thereto, the date of recordation of the mortgage or deed, the book and page number where the mortgage or deed is recorded, or the recorder's document number.  (c) The recorder shall index the request so that the name of the mortgagor or of the grantor in the deed of trust is indexed as the grantor and the name of the requesting party is indexed as the grantee.  (d) No request, statement, or notation placed on record pursuant to this section shall affect the title to the trust property or be deemed notice to any person that any person so recording the request has any right, title, or interest in or lien or charge upon that property.
AR Code § 18-50-114 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 50 - Statutory Foreclosures|§ 18-50-114. Reinstatement of mortgage or deed of trust

 (a)  (1) Whenever all or a portion of the principal sum of any obligation secured by a mortgage or deed of trust, prior to the maturity date fixed in such obligation, has become due or has been declared due by reason of a breach or default in the performance of any obligation secured by the mortgage or deed of trust, including a default in the payment of interest or of any installment of principal, or by reason of a failure of the grantor to pay, in accordance with the terms of the mortgage or deed of trust, taxes, assessments, premiums for insurance, or advances made by the mortgagee or beneficiary in accordance with the terms of such obligation or of such mortgage or deed of trust, then the mortgagor or grantor or their successors in interest in the trust property may pay, at any time subsequent to the filing for record of a notice of default and intention to sell and prior to the sale, to the mortgagee or beneficiary or their successor in interest the entire amount then due under the terms of such mortgage or deed of trust, including costs and expenses actually incurred in enforcing the terms of the obligation and mortgage or deed of trust, and trustee's and attorney's fees other than that portion of the principal which would not then be due had no default occurred, and thereby cure the default theretofore existing.  (2) Thereupon, all proceedings under this chapter theretofore had or instituted shall be dismissed or discontinued, and the obligation and mortgage or deed of trust shall be reinstated and shall be and remain in force and effect, the same as if no acceleration had occurred.    (b) If the default is cured and the mortgage or deed of trust reinstated in the manner provided in this section, the mortgagee, beneficiary, or their successors in interest shall file for record with the recorder of the county in which the trust property is situated a duly acknowledged cancellation of the recorded notice of default and intention to sell under such mortgage or deed of trust.
AR Code § 18-50-115 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 50 - Statutory Foreclosures|§ 18-50-115. Implied powers in mortgages

 (a)  (1) Subject to the provisions of § 18-50-114 and notwithstanding the terms of the mortgage, a power of sale is implied in every mortgage of real property situated in this state that is duly acknowledged and recorded.  (2) The exercise of the implied power of sale shall be pursuant to the provisions of this chapter.    (b) A mortgagor and his or her successor in interest shall have the rights and duties of a grantor, and a mortgagee and his or her successor in interest shall have the rights and duties of a trustee and a beneficiary.  (c) The mortgagee shall comply with §§ 18-50-103 — 18-50-107, 18-50-109, and 18-50-110 [repealed], and the mortgagee's deed shall comply with § 18-50-111.