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ArkansasHB12382025 Regular SessionHouseWALLET

TO AUTHORIZE A MORTGAGOR TO RECOVER FEES IN CERTAIN CIRCUMSTANCES UNDER THE STATUTORY FORECLOSURE LAW.

Sponsored By: Frances Cavenaugh (Republican), Dan Sullivan (Republican)

Enacted

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Homeowners get foreclosure fee relief with limits

Arkansas borrowers can recover reasonable attorney fees when a court sets aside a statutory foreclosure sale for the lender’s failure to strictly follow the law. Only fees incurred under the statutory foreclosure law qualify; there is no stated dollar cap beyond reasonableness. Fees are unavailable if borrower and lender mutually resolve the debt and foreclosure, or the mortgage is reinstated under section 18-50-114. Filing for bankruptcy during the foreclosure or related litigation also blocks recovery. Three more exceptions apply when the lender starts foreclosure in good faith: relying on a title insurance policy later found incorrect; not knowing about unrecorded property debt; or not knowing about assessments, taxes, or liens filed after the final title insurance policy was issued.

Sponsors & Cosponsors

Sponsors

  • Frances Cavenaugh

    Republican • House

  • Dan Sullivan

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 215 • No: 1

House vote • 3/13/2025

House Vote - Thursday, March 13, 2025 1:50:57 PM

Yes: 89 • No: 0

Senate vote • 3/10/2025

Senate Vote - Monday, March 10, 2025 3:03:51 PM

Yes: 33 • No: 0 • Other: 1

House vote • 1/30/2025

House Vote - Thursday, January 30, 2025 11:52:03 AM

Yes: 93 • No: 1 • Other: 1

Actions Timeline

  1. Notification that HB1238 is now Act 306

    3/18/2025House

  2. Correctly enrolled and ordered transmitted to the Governor's Office.

    3/14/2025House

  3. TO BE ENROLLED

    3/13/2025House

  4. Senate amendment # 1 read and concurred in.

    3/13/2025House

  5. Returned by the Committee with the recommendation that it do pass, concur in Senate Amendment No. 1

    3/12/2025House

  6. Re-referred to the Committee on INSURANCE & COMMERCE- HOUSE

    3/10/2025House

  7. Returned from Senate as passed, as amended # 1

    3/10/2025House

  8. Returned to the House as passed as amended # 1 .

    3/10/2025Senate

  9. Read the third time and passed.

    3/10/2025Senate

  10. Returned by the Committee, with the recommendation that it Do Pass

    3/6/2025Senate

  11. Re-referred to INSURANCE & COMMERCE - SENATE

    3/3/2025Senate

  12. REPORTED CORRECTLY ENGROSSED

    3/3/2025Senate

  13. Amendment # 1 read the first time, rules suspended, read the second time and adopted, ordered engrossed.

    3/3/2025Senate

  14. Withdrawn from Committee and placed on 2nd reading for purpose of amendment # 1

    3/3/2025Senate

  15. Read first time, rules suspended, read second time, referred to INSURANCE & COMMERCE - SENATE

    1/30/2025Senate

  16. Received from the House.

    1/30/2025Senate

  17. Read the third time and passed and ordered transmitted to the Senate.

    1/30/2025House

  18. Returned by the Committee Do Pass

    1/29/2025House

  19. Read the first time, rules suspended, read the second time and referred to the Committee on INSURANCE & COMMERCE- HOUSE

    1/27/2025House

  20. Filed

    1/27/2025House

Bill Text

  • HB1238 - Introduced

    1/27/2025

    PDF

  • Act Version

    PDF

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