reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 48 - MISCELLANEOUS LIENS ON PERSONAL PROPERTY (§§ 18-48-101 — 18-48-809) › Subchapter 8 - PRINCIPAL BROKER REAL ESTATE LIEN ACT (§§ 18-48-801 — 18-48-809) › Section 18-48-809 - Priority of lien claims

If perfected prior to the recording of a notice of claim of lien against proceeds, the following liens have priority over a lien created under this subchapter:
(1)
Statutory liens, mortgages, deeds of trust, assignments of rents, and other encumbrances, including all advances or charges made or accruing under statutory liens, mortgages, deeds of trust, assignments of rents, and other encumbrances, whether voluntary or obligatory; and
(2)
Modifications, extensions, renewals, and replacements to any of the liens listed in subdivision (1) of this section.
Acts 2005, No. 1944, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 49 - ENFORCEMENT OF MORTGAGES, DEEDS OF TRUST, AND VENDORS' LIENS (§§ 18-49-101 — 18-49-107) › Section 18-49-101 - Limitation of actions

(a)
In suits to foreclose or enforce mortgages, deeds of trust, or vendor's liens, it shall be sufficient defense that they have not been brought within the period of limitation prescribed by law for a suit on the debt or liability for the security of which they were given.
(b)
When any payment is made on any existing indebtedness, before it is barred by the statute of limitations, the payment shall not operate to revive the debts or to extend the operations of the statute of limitations, with reference thereto, so far as it affects the rights of judgment lienholders and judgment creditors and third parties, unless the mortgagee, trustee, or beneficiary shall, prior to the expiration of the period of the statute of limitation, execute, acknowledge, and record a written instrument reflecting the amount and date of payments made or shall endorse a memorandum of the payment with date thereof on the margin of the record where the instrument is recorded, and the endorsement shall be attested and dated by the clerk.
(c)
(1)
In all cases in which an indebtedness is secured by any mortgage, deed of trust, or instrument in which a vendor's lien is retained, the mortgage, deed of trust, or vendor's lien may be enforced or foreclosed at any time within the period prescribed by law for foreclosing mortgages or deeds of trust so far as the property mentioned or described in the deed of trust, mortgage, or other instrument is concerned.
(2)
However, no claim or debt against the estate of a dead person shall be probated against the estate, whether secured by mortgage, deed of trust, or instrument retaining a vendor's lien, or not, except within the time prescribed by law for probating claims against estates.
(d)
(1)
The holder of a vendor's lien, whether as the original beneficiary or as the assignee or transferee thereof, must note on the margin of the record where the vendor's lien is recorded payments relative to the indebtedness secured thereby.
(2)
If the payments are not noted on the margin of the record, then the debt shall become barred, as to third parties, after five (5) years from the maturity of the indebtedness or after five (5) years from the date of the last payment, if any, which may be noted on the margin of the record, thereby subjecting evidences of indebtedness secured by vendor's lien to the same provisions and limitations provided by law in connection with evidences of indebtedness secured by mortgages or deeds of trust.
Acts 1911, No. 260, § 1; C. & M. Dig., § 7408; Acts 1935, No. 36, §§ 1, 2; 1937, No. 370, § 1; Pope's Dig., §§ 9465, 9466; Acts 1973, No. 604, § 1; A.S.A. 1947, §§ 51-1103, 51-1104.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 49 - ENFORCEMENT OF MORTGAGES, DEEDS OF TRUST, AND VENDORS' LIENS (§§ 18-49-101 — 18-49-107) › Section 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.
Acts 1901, No. 158, § 1, p. 303; C. & M. Dig., §§ 7410, 8654a; Pope's Dig., §§ 9468, 11388; A.S.A. 1947, § 51-1102.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 49 - ENFORCEMENT OF MORTGAGES, DEEDS OF TRUST, AND VENDORS' LIENS (§§ 18-49-101 — 18-49-107) › Section 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.
Civil Code, §§ 405, 406, 408; C. & M. Dig., §§ 6240-6242; Pope's Dig., §§ 8196-8198, 9474-9476; A.S.A. 1947, §§ 51-1105, 51-1106, 51-1108; Acts 1989, No. 260, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 49 - ENFORCEMENT OF MORTGAGES, DEEDS OF TRUST, AND VENDORS' LIENS (§§ 18-49-101 — 18-49-107) › Section 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.
Civil Code, § 407; C. & M. Dig., § 6243; Pope's Dig., §§ 8199, 9477; A.S.A. 1947, § 51-1109; Acts 1997, No. 1190, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 49 - ENFORCEMENT OF MORTGAGES, DEEDS OF TRUST, AND VENDORS' LIENS (§§ 18-49-101 — 18-49-107) › Section 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.
Rev. Stat., ch. 101, § 17; C. & M. Dig., § 6244; Pope's Dig., §§ 8200, 9478; A.S.A. 1947, § 51-1110.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 49 - ENFORCEMENT OF MORTGAGES, DEEDS OF TRUST, AND VENDORS' LIENS (§§ 18-49-101 — 18-49-107) › Section 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.
Acts 1899, No. 153, § 1, p. 279; C. & M. Dig., § 7411; Pope's Dig., § 9473; A.S.A. 1947, § 51-1111.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 50 - STATUTORY FORECLOSURES (§§ 18-50-101 — 18-50-117) › Section 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.
Acts 1987, No. 53, § 1; 1989, No. 532, § 1; 1999, No. 983, § 1; 2011, No. 885, § 1; 2011, No. 901, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 50 - STATUTORY FORECLOSURES (§§ 18-50-101 — 18-50-117) › Section 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.
Acts 1987, No. 53, § 3; 1999, No. 983, § 3; 2011, No. 885, § 2.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 50 - STATUTORY FORECLOSURES (§§ 18-50-101 — 18-50-117) › Section 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.
Acts 1987, No. 53, § 5; 1989, No. 532, § 3; 1999, No. 983, § 5; 2001, No. 1196, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 50 - STATUTORY FORECLOSURES (§§ 18-50-101 — 18-50-117) › Section 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.
Acts 1987, No. 53, § 6.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 50 - STATUTORY FORECLOSURES (§§ 18-50-101 — 18-50-117) › Section 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.
Acts 1987, No. 53, § 8; 1999, No. 983, § 8.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 50 - STATUTORY FORECLOSURES (§§ 18-50-101 — 18-50-117) › Section 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.
Acts 1987, No. 53, § 9.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 50 - STATUTORY FORECLOSURES (§§ 18-50-101 — 18-50-117) › Section 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.
Acts 1987, No. 53, § 11; 1999, No. 983, § 10.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 50 - STATUTORY FORECLOSURES (§§ 18-50-101 — 18-50-117) › Section 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.
Acts 1987, No. 53, § 12.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 50 - STATUTORY FORECLOSURES (§§ 18-50-101 — 18-50-117) › Section 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.
Acts 1987, No. 53, § 13.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 50 - STATUTORY FORECLOSURES (§§ 18-50-101 — 18-50-117) › Section 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.
Acts 1987, No. 53, § 14.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 50 - STATUTORY FORECLOSURES (§§ 18-50-101 — 18-50-117) › Section 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
.
Acts 1987, No. 53, § 15.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 50 - STATUTORY FORECLOSURES (§§ 18-50-101 — 18-50-117) › Section 18-50-116 - Miscellaneous provisions

(a)
The procedures in this chapter for the foreclosure of a mortgage or deed of trust shall not impair or otherwise affect the right to bring a judicial action to foreclose a mortgage or deed of trust.
(b)
A notice of default and intention to sell shall be filed within the time the foreclosure of the mortgage or deed of trust by judicial action could have commenced.
(c)
(1)
The procedures in this chapter shall apply only if the mortgagee or beneficiary is a mortgage company as defined in §
18-50-101
or is a bank or savings and loan.
(2)
This chapter shall not apply to a mortgage or a deed of trust encumbering trust property used primarily for agricultural purposes.
(d)
Nothing in this chapter shall be construed to:
(1)
Create an implied right of redemption in favor of any person; or
(2)
(A)
Impair the right of any person or entity to assert his or her legal and equitable rights in a court of competent jurisdiction.
(B)
However, a claim or defense shall be asserted prior to the sale or the claim or defense is forever barred and terminated, except the mortgagor may assert the following against either the mortgagee or trustee:
(i)
Fraud by any party; or
(ii)
Failure to strictly comply with the provisions of this chapter.
(C)
Any of the above claims or defenses may not be asserted against a subsequent purchaser for value of the property.
(D)
Any claims or defenses for a violation of subdivision (d)(2)(B)(ii) of this section shall be asserted within thirty (30) days of the foreclosure sale to ensure the finality of sales that substantially comply with this chapter.
(e)
(1)
At any time prior to the delivery of the trustee's or mortgagee's deed, the trustee or mortgagee may set aside a sale conducted pursuant to this chapter by declaring the sale null and void and returning the purchase price to the highest bidder without any further liability to the bidder.
(2)
In this event, the trustee or mortgagee shall file an affidavit declaring the sale null and void with the recorder of the county in which the trust property is located, and all terms and provisions of the mortgage or deed of trust shall be revived and reinstated as if no sale had occurred.
Amended by Act 2021, No. 1108,§ 2, eff. retroactively to March 31, 2011.
Acts 1987, No. 53, § 16; 1989, No. 532, § 4; 1999, No. 983, §§ 11, 12; 2007, No. 721, § 1; 2009, No. 482, § 12.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117) › Chapter 50 - STATUTORY FORECLOSURES (§§ 18-50-101 — 18-50-117) › Section 18-50-117 - Foreign corporations and other entities

No person, firm, company, association, fiduciary, or partnership, either domestic or foreign, shall avail themselves of the procedures under this chapter unless authorized to do business in this state.
Acts 2003, No. 1303, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 1 - GENERAL PROVISIONS (§§ 18-60-101 — 18-60-108) › Section 18-60-101 - Right of cotenants to accounting

(a)
When any joint tenant, tenant in common, or coparcener in any real estate, or any interest therein, shall take, use, or have the profits and benefits thereof in greater proportion than his or her interest therein, that person, or his or her executor or administrator, shall account therefor to his or her cotenant or cotenants, jointly or severally.
(b)
Joint tenants, tenants in common, and coparceners in any real or personal estate may maintain civil actions against their cotenants who receive as bailiffs more than their due proportion of the benefits of the estate.
Rev. Stat., ch. 2, §§ 1, 2; C. & M. Dig., §§ 1087, 1088; Pope's Dig., §§ 1300, 1301; A.S.A. 1947, §§ 50-101, 50-102.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 1 - GENERAL PROVISIONS (§§ 18-60-101 — 18-60-108) › Section 18-60-102 - Injuring, destroying, or carrying away property of another

(a)
A person trespassing as follows shall pay a person injured treble the value of a thing damaged, broken, destroyed, or carried away, with costs, if the person shall:
(1)
Cut down, injure, destroy, or carry away any tree placed or growing for use or shade or any timber, rails, or wood, standing, being, or growing on the land of another person;
(2)
Dig up, quarry, or carry away any stone, ground, clay, turf, mold, fruit, or plants; or
(3)
Cut down or carry away, any grass, grain, corn, cotton, tobacco, hemp, or flax, in which he or she has no interest or right, standing or being on any land not his or her own, or shall wilfully break the glass, or any part of it, in any building not his or her own.
(b)
If any person trespasses upon land in violation of the provisions of this section and if the land is owned by several joint tenants, tenants in common, coparceners, or other co-owners, then any co-owner who has not given consent to the trespass shall be entitled to treble the value of the thing so damaged, broken, destroyed, or carried away, with costs, the treble damages to be computed according to the amount of the undivided interest of the co-owner.
(c)
If on the trial of any action brought under the provisions of this section it shall appear that the defendant had probable cause to believe that the land on which the trespass is alleged to have been committed, or that the thing so taken, carried away, injured, or destroyed, was his or her own, the plaintiff in the action shall recover single damages only, with costs.
Rev. Stat., ch. 153, § 4; C. & M. Dig., § 10322; Acts 1937, No. 29, § 1; Pope's Dig., § 1299; Acts 1957, No. 88, § 1; A.S.A. 1947, §§ 50-105, 50-107.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 1 - GENERAL PROVISIONS (§§ 18-60-101 — 18-60-108) › Section 18-60-103 - Liability for damages by fire - Exception

(a)
If any person shall set on fire any grass or other combustible material within his or her enclosures so as to damage any other person, that person shall make satisfaction in single damages to the party injured, to be recovered by civil action in any court having jurisdiction of the amount sued for.
(b)
If any person shall, before setting out fire, notify those persons whose farms are joining the place which he or she proposes to burn that he or she is going to fire such grass or other combustible matter and shall use all due caution to prevent such fire from getting out to the injury of any other person, he or she shall not be liable to pay damages as provided in this section.
Acts 1875, No. 48, § 5, p. 128; C. & M. Dig., § 10323; Pope's Dig., § 1298; A.S.A. 1947, § 50-104.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 1 - GENERAL PROVISIONS (§§ 18-60-101 — 18-60-108) › Section 18-60-104 - Leaving enclosure open

If any person shall voluntarily throw down or open any doors, bars, gates, or fences and leave them down or open, other than those that lead into his or her own enclosure, he or she shall pay the party injured the sum of five dollars ($5.00) for each offense and double the amount of damages the parties may sustain by reason of the doors, bars, gates, or fences being thrown open or down, with costs.
Rev. Stat., ch. 153, § 2; C. & M. Dig., § 10321; Pope's Dig., § 5773; A.S.A. 1947, § 50-106.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 1 - GENERAL PROVISIONS (§§ 18-60-101 — 18-60-108) › Section 18-60-105 - Improvements erroneously placed on adjoining lands

(a)
In all cases in which fences, buildings, or other improvements that may be moved have been erroneously placed or erected on lands adjoining land on which the fences, buildings, or other improvements were intended to be erected, the owner of the fences, buildings, or other improvements shall have twelve (12) months' time from the date of the discovery of the erroneous placing of the fences, buildings, or other improvements on the adjoining lands to remove the improvements and place them on his or her own land or premises.
(b)
The owner of the fences, buildings, or other improvements so placed erroneously on the adjoining lands shall not be held responsible for any damages to the owner of the adjoining lands on which the fences, buildings, or other improvements were erected by reason of the erroneous erecting or building of the fences, buildings, or other improvements on the adjoining lands.
Acts 1921, No. 224, § 2; Pope's Dig., § 5782; A.S.A. 1947, § 50-103.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 1 - GENERAL PROVISIONS (§§ 18-60-101 — 18-60-108) › Section 18-60-106 - Sale of lands of infants or individuals with mental illness

(a)
The sale of land of infants or individuals with mental illness shall not be deemed to be prohibited as being in contravention of the deed, will, or contract under which they hold unless a sale is expressly forbidden by the deed, will, or contract.
(b)
When the legal title of land is held by a trustee, he or she shall be a party to the proceedings for its sale. In all other respects the proceedings for the sale of land held in trust for infants and individuals with mental illness shall be the same as when they hold the legal title, except that the trustees shall give bond and security instead of the guardian when the proceeds of sale are to go into the hands of the trustee.
Civil Code, § 537; C. & M. Dig., §§ 8125, 8126; Pope's Dig., §§ 10547, 10548; A.S.A. 1947, §§ 34-1837, 34-1838.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 1 - GENERAL PROVISIONS (§§ 18-60-101 — 18-60-108) › Section 18-60-107 - Liability for injuries in gathering farm products - Definition

(a)
No cause of action shall arise against the owner, tenant, or lessee of land or premises for injuries to any person who is on that land or premises for the purpose of gleaning agricultural or farm products, unless that person's injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee.
(b)
No cause of action shall arise against the owner, tenant, or lessee of land or premises for injuries to any person, other than an employee or contractor of the owner, tenant, or lessee, who is on the land or premises for the purpose of picking and purchasing agricultural or farm products at a farm or "u-pick" operation, unless the person's injuries were caused by a condition which involved an unreasonable risk of harm and all of the following apply:
(1)
The owner, tenant, or lessee knew or had reason to know of the condition or risk;
(2)
The owner, tenant, or lessee failed to exercise reasonable care to make the condition safe or to warn the person of the condition or risk; and
(3)
The person injured did not know or did not have reason to know of the condition or risk.
(c)
As used in this section, "agricultural or farm products" means the natural products of the farm, nursery, grove, orchard, vineyard, garden, and apiary, including, but not limited to, trees and firewood.
Acts 1989, No. 101, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 1 - GENERAL PROVISIONS (§§ 18-60-101 — 18-60-108) › Section 18-60-108 - Liability of landowner for injury to trespasser - Definition

(a)
(1)
An owner, lessee, or occupant of land does not owe a duty of care to a trespasser on the land and is not liable for any injury to a trespasser on the land.
(2)
No cause of action shall arise against the owner, lessee, or occupant of land until the presence of the trespasser on the premises is known, and then the owner, lessee, or occupant of the land shall be liable only for injuries caused by the willful or wanton misconduct of the owner, lessee, or occupant.
(b)
This section does not affect the doctrine of attractive nuisance, except that the doctrine may not be the basis for liability of an owner, lessee, or occupant of agricultural land for any injury to a trespasser over the age of eighteen (18).
(c)
As used in this section, "trespasser" means a person who enters on the property of another without permission and without an invitation, express or implied.
Acts 1991, No. 473, §§ 1-3; 1993, No. 366, § 1; 1993, No. 581, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 2 - EJECTMENT AND TRESPASS (§§ 18-60-201 — 18-60-214) › Section 18-60-201 - Right of action generally

The action of ejectment may be maintained in all cases in which the plaintiff is legally entitled to the possession of the premises.
Rev. Stat., ch. 53, § 1; C. & M. Dig., § 3686; Pope's Dig., § 4641; A.S.A. 1947, § 34-1401.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 2 - EJECTMENT AND TRESPASS (§§ 18-60-201 — 18-60-214) › Section 18-60-202 - Actions relating to public lands

(a)
The action of ejectment may be maintained in all cases in which the plaintiff claims the possession of the premises under or by virtue of:
(1)
An entry made with the register and receiver of the proper land office of the United States;
(2)
A preemption right under the laws of the United States; or
(3)
When an improvement has been made by him or her on any of the public lands of the United States, whether the lands have been surveyed or not, and when any person, other than those to whom the right of action is given by subdivisions (a)(1) and (2) of this section, is in possession of the improvement.
(b)
An action of trespass may also be maintained in all the cases enumerated in subsection (a) of this section.
(c)
The executor or administrator of any person who has died and who in his or her lifetime made improvements on any of the public lands of the United States, whether he or she had a right of preemption to the improvements or not under the laws of the United States, or whether the lands on which the improvements may have been made have been surveyed or not, may maintain an action of ejectment for the recovery of the improvement, to the same extent and with the same restrictions as provided by subsection (a) of this section, for their testator or intestate.
Rev. Stat., ch. 53, §§ 2, 3, 19; C. & M. Dig., §§ 3687, 3688, 3702; Pope's Dig., §§ 4642, 4643, 4657; A.S.A. 1947, §§ 34-1402, 34-1403, 34-1429.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 2 - EJECTMENT AND TRESPASS (§§ 18-60-201 — 18-60-214) › Section 18-60-203 - Possession claimed under state patents

(a)
The action of ejectment may be maintained in all cases when the plaintiff claims the possession of the premises under or by virtue of an entry made with the proper swampland agent or land agent of the proper land office of the State of Arkansas.
(b)
The patent certificates granted by any of the named officers shall be evidence of title in the party to whom it is granted.
Acts 1857, § 1, p. 170; C. & M. Dig., § 3690; Pope's Dig., § 4645; A.S.A. 1947, § 34-1405.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 2 - EJECTMENT AND TRESPASS (§§ 18-60-201 — 18-60-214) › Section 18-60-204 - Parties

(a)
The action of ejectment shall be brought and prosecuted in the real names of the parties thereunto.
(b)
The action may be brought against the person in possession of the premises claimed or his or her lessor, or both.
(c)
The person from or through whom the defendant claims title to the premises may, on his or her motion, be made a codefendant.
Rev. Stat., ch. 53, §§ 4, 5; C. & M. Dig., §§ 3683-3685; Pope's Dig., §§ 4638-4640; A.S.A. 1947, §§ 34-1406, 34-1407.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 2 - EJECTMENT AND TRESPASS (§§ 18-60-201 — 18-60-214) › Section 18-60-205 - Pleadings

(a)
(1)
In all actions for the recovery of lands, except in actions of forcible entry and unlawful detainer, the plaintiff shall set forth in his or her complaint all deeds and other written evidences of title on which he or she relies for the maintenance of his or her suit.
(2)
The plaintiff shall file copies of the evidences as far as they can be obtained, as exhibits therewith, and shall state such facts as shall show a prima facie title in himself or herself to the land in controversy.
(b)
The defendant in his or her answer shall plead in the same manner as required from the plaintiff. The defendant in his or her answer shall set forth exceptions to any of the documentary evidence relied on by the plaintiff to which he or she may wish to object, and the exceptions shall specifically note the objections taken.
(c)
The plaintiff shall in the same manner, within three (3) days after the filing of the answer, unless longer time is given by the court, file like exceptions to any documentary evidence exhibited by the defendant.
(d)
All the exceptions shall be passed on by the court and shall be sustained or overruled, as the law may require. If any exception is sustained to any of the evidence, it shall not be used at the trial unless the defect for which the exception is taken shall be covered by amendment.
(e)
All objections to the evidence not specifically pointed out in the manner provided in this section shall be waived.
Acts 1875, No. 104, §§ 1-3, p. 229; C. & M. Dig., §§ 3691-3693; Pope's Dig., §§ 4646-4648; A.S.A. 1947, §§ 34-1408 -- 34-1410.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 2 - EJECTMENT AND TRESPASS (§§ 18-60-201 — 18-60-214) › Section 18-60-206 - Proof required to recover

(a)
To entitle the plaintiff to recover, it shall be sufficient for him or her to show that, at the time of the commencement of the action, the defendant was in possession of the premises claimed and that the plaintiff had title thereto or had the right to the possession thereof as is declared by §§
18-60-201
and
18-60-202
to be sufficient to maintain the action of ejectment.
(b)
If the action is brought by a joint tenant or tenant in common against his or her cotenant, the plaintiff shall also be required to show at the trial that the defendant actually ousted him or her or did some act amounting to a total denial of his or her right as a cotenant.
Rev. Stat., ch. 53, §§ 11, 12; C. & M. Dig., §§ 3694, 3695; Pope's Dig., §§ 4649, 4650; A.S.A. 1947, §§ 34-1411, 34-1412.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 2 - EJECTMENT AND TRESPASS (§§ 18-60-201 — 18-60-214) › Section 18-60-207 - Judgments

(a)
In all cases in which no other provision is made, the judgment, if for the plaintiff, shall be for the recovery of the possession of the premises and the damages and costs.
(b)
If judgment should be rendered against the defendant, the judgment shall be for the recovery of the premises, and a writ of inquiry shall be awarded to assess the damages.
Rev. Stat., ch. 53, §§ 15, 18; C. & M. Dig., §§ 3698, 3701; Pope's Dig., §§ 4653, 4656; A.S.A. 1947, §§ 34-1416, 34-1417.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 2 - EJECTMENT AND TRESPASS (§§ 18-60-201 — 18-60-214) › Section 18-60-208 - Writ of possession

When the judgment for the plaintiff is both for the recovery of the possession of the premises and for the damages, the plaintiff may have a writ of possession. The writ shall command the officer to whom it may be directed to deliver to the plaintiff possession of the premises and also command him or her to levy and collect the damages and costs, as in executions on judgments in personal actions.
Rev. Stat., ch. 53, § 16; C. & M. Dig., § 3699; Pope's Dig., § 4654; A.S.A. 1947, § 34-1418.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 2 - EJECTMENT AND TRESPASS (§§ 18-60-201 — 18-60-214) › Section 18-60-209 - Recovery of damages

(a)
If the plaintiff prevails in the action, he or she shall recover by way of damages the rents and profits down to the time of assessing them.
(b)
When the plaintiff or those under whom he or she claims title may have entered in any land office of the United States within this state the improvement of the defendant and the action is brought to recover the possession of the improvement the plaintiff shall recover no damages.
Rev. Stat., ch. 53, § 13; C. & M. Dig., § 3696; Pope's Dig., § 4651; A.S.A. 1947, § 34-1413.