§ 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 […]
§ 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 […]
§ 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 […]
§ 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.
§ 18-50-116. Miscellaneous provisions
(a) The procedures set forth 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 […]
§ 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) […]
§ 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.
§ 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 […]
§ 18-50-102. Parties authorized to foreclose mortgage or deed of trust
(a) Parties authorized to foreclose a mortgage or deed of trust under this chapter are limited to: (1) A trustee or attorney-in-fact who is an active licensed member of the Bar of the Supreme Court of the State of Arkansas or a law firm among whose members includes such an attorney if the attorney or […]
§ 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 […]