All Roll Calls
Yes: 220 • No: 0
ArkansasHB12712025 Regular SessionHouse
TO AMEND THE LAW CONCERNING MECHANICS' AND MATERIALMEN'S LIENS; AND TO CLARIFY THE PRIORITY OF LIENS IN MORTGAGE CONSTRUCTION LOANS.
Sponsored By: Clint Penzo (Republican), Les Warren (Republican)
Enacted
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 0 costs, 1 mixed.
New lien rules for construction loans
Arkansas law sets which property claims rank first for owners, construction lenders, contractors, and suppliers. Liens for labor, materials, or fixtures attach to the improvement but rank behind property claims existing before work begins. Those earlier claims also rank first when they fund construction or repair. If construction starts before a construction mortgage or other security document is recorded, only liens for labor, materials, or supplies provided before recording rank ahead of it. A lender acquiring such a mortgage can rely conclusively on a sworn statement describing the property and inspection time. The statement must confirm that work had not begun and materials had not been placed on-site when inspected. A licensed appraiser, architect, surveyor, or engineer can prepare it. For existing or planned one-to-four-family homes, a lender employee, lender designee, or licensed title agent can also prepare it. The statement must be filed within four business days before or after the security document is recorded. Its facts are presumed true at inspection and recording; changing lien priority by challenging them requires proof of actual fraud by the statement's author. Anyone providing a false statement is responsible for resulting losses or damage to parties whose rights are harmed.
Sponsors & Cosponsors
Sponsors
Clint Penzo
Republican • Senate
Les Warren
Republican • House
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
House vote • 4/1/2025
House Vote - Tuesday, April 1, 2025 2:17:18 PM
Yes: 98 • No: 0
Senate vote • 3/19/2025
Senate Vote - Wednesday, March 19, 2025 4:53:32 PM
Yes: 32 • No: 0 • Other: 1
House vote • 1/30/2025
House Vote - Thursday, January 30, 2025 11:48:44 AM
Yes: 90 • No: 0 • Other: 3
Actions Timeline
Notification that HB1271 is now Act 479
4/8/2025HouseCorrectly enrolled and ordered transmitted to the Governor's Office.
4/2/2025HouseTO BE ENROLLED
4/1/2025HouseSenate amendment # 1 read and concurred in.
4/1/2025HouseReturned by the Committee with the recommendation that it do pass, concur in Senate Amendment No. 1
3/31/2025HouseRe-referred to the Committee on INSURANCE & COMMERCE- HOUSE
3/19/2025HouseReturned from Senate as passed, as amended # 1
3/19/2025HouseReturned to the House as passed as amended # 1 .
3/19/2025SenateRead the third time and passed.
3/19/2025SenateReturned by the Committee, with the recommendation that it Do Pass
3/18/2025SenateRe-referred to INSURANCE & COMMERCE - SENATE
3/13/2025SenateREPORTED CORRECTLY ENGROSSED
3/13/2025SenateAmendment # 1 read the first time, rules suspended, read the second time and adopted, ordered engrossed.
3/13/2025SenateWithdrawn from Committee and placed on 2nd reading for purpose of amendment # 1
3/13/2025SenateRe-referred to INSURANCE & COMMERCE - SENATE
3/12/2025SenateReturned by the Committee, with the recommendation that it Do Pass
2/4/2025SenateRead first time, rules suspended, read second time, referred to INSURANCE & COMMERCE - SENATE
1/30/2025SenateReceived from the House.
1/30/2025SenateRead the third time and passed and ordered transmitted to the Senate.
1/30/2025HouseReturned by the Committee Do Pass
1/29/2025HouseRead the first time, rules suspended, read the second time and referred to the Committee on INSURANCE & COMMERCE- HOUSE
1/27/2025HouseFiled
1/27/2025House
Bill Text
HB1271 - Introduced
1/27/2025
Act Version
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