Instruments affecting title to property — Definition

Ark. Code Ann. § 14-15-403 — under Officers.

Ark. Code Ann. § 14-15-403

(a) No instrument by which the title to real estate or personal property, or any interest therein, or lien thereon, is conveyed, created, encumbered, assigned, or otherwise affected or disposed of shall be received for record or filing by the recorder unless:(1) The name and address of the person who, and the governmental agency, if any, which, prepared the instrument appears on the face of the first page thereof; and(2) The name is either printed, typewritten, stamped, or signed in a legible manner.

(1) The name and address of the person who, and the governmental agency, if any, which, prepared the instrument appears on the face of the first page thereof; and

(2) The name is either printed, typewritten, stamped, or signed in a legible manner.

(b) An instrument will be in compliance with this section if it contains a statement in the following form:Click here to view form.

Click here to view form.

(c) The receipt for record or filing of any instrument by the recorder without complying with the provisions of this section shall not prevent the instrument from becoming notice as provided by law.

(d) (1) Any fee charged by the recorder for recording or filing of any instrument which does not conform with the provisions of this section shall be returned by the recorder to the person who paid the fee upon request, if made within six (6) months after recording or filing of the instrument.(2) If no such request is made within that time, the fee shall be paid into the county general fund by the recorder.

(1) Any fee charged by the recorder for recording or filing of any instrument which does not conform with the provisions of this section shall be returned by the recorder to the person who paid the fee upon request, if made within six (6) months after recording or filing of the instrument.

(2) If no such request is made within that time, the fee shall be paid into the county general fund by the recorder.

(e) This section does not apply to any instrument executed prior to August 1, 1959, nor to any decree, order, judgment, writ of any court, will, or death certificate.

(f) (1) (A) (i) A deed to real estate presented to a recorder for recording either in person or by mail shall not be received for record or filing by the recorder unless the grantor named in the deed to real estate or an individual signing the deed on behalf of the grantor named in the deed to real estate appears in person at the office of the recorder and presents a valid photo identification card or driver's license.(ii) If a deed to real estate is presented to a recorder for recording by mail, the grantor named in the deed to real estate shall include a photocopy of his or her valid photo identification or driver's license with the deed to real estate submitted by mail.(B) As used in subdivision (f)(1)(A) of this section, “valid photo identification card or driver's license” means a photo identification card or driver's license issued by a state agency or a United States Government agency.(C) A recorder shall record a copy of all valid photo identification cards or driver's licenses presented under subdivision (f)(1)(A) of this section by attaching the photocopies to the deed to real estate being recorded in accordance with the requirements under § 21-6-306.(2) Subdivision (f)(1) of this section does not apply to a deed to real estate that is presented to the recorder by:(A) An attorney;(B) A real estate broker or a real estate agent;(C) A representative of a bank, mortgage company, or lending institution;(D) A title insurance agent, title insurance agency, or person affiliated with a title insurance agency;(E) The Commissioner of State Lands;(F) An individual representing the state or a political subdivision of the state; or(G) The state, a municipality within the state, a county within the state, or a political subdivision of the state.(3) An unredacted copy of a valid photo identification card or driver's license shall be filed by the recorder under seal.

(1) (A) (i) A deed to real estate presented to a recorder for recording either in person or by mail shall not be received for record or filing by the recorder unless the grantor named in the deed to real estate or an individual signing the deed on behalf of the grantor named in the deed to real estate appears in person at the office of the recorder and presents a valid photo identification card or driver's license.(ii) If a deed to real estate is presented to a recorder for recording by mail, the grantor named in the deed to real estate shall include a photocopy of his or her valid photo identification or driver's license with the deed to real estate submitted by mail.(B) As used in subdivision (f)(1)(A) of this section, “valid photo identification card or driver's license” means a photo identification card or driver's license issued by a state agency or a United States Government agency.(C) A recorder shall record a copy of all valid photo identification cards or driver's licenses presented under subdivision (f)(1)(A) of this section by attaching the photocopies to the deed to real estate being recorded in accordance with the requirements under § 21-6-306.

(A) (i) A deed to real estate presented to a recorder for recording either in person or by mail shall not be received for record or filing by the recorder unless the grantor named in the deed to real estate or an individual signing the deed on behalf of the grantor named in the deed to real estate appears in person at the office of the recorder and presents a valid photo identification card or driver's license.(ii) If a deed to real estate is presented to a recorder for recording by mail, the grantor named in the deed to real estate shall include a photocopy of his or her valid photo identification or driver's license with the deed to real estate submitted by mail.

(i) A deed to real estate presented to a recorder for recording either in person or by mail shall not be received for record or filing by the recorder unless the grantor named in the deed to real estate or an individual signing the deed on behalf of the grantor named in the deed to real estate appears in person at the office of the recorder and presents a valid photo identification card or driver's license.

(ii) If a deed to real estate is presented to a recorder for recording by mail, the grantor named in the deed to real estate shall include a photocopy of his or her valid photo identification or driver's license with the deed to real estate submitted by mail.

(B) As used in subdivision (f)(1)(A) of this section, “valid photo identification card or driver's license” means a photo identification card or driver's license issued by a state agency or a United States Government agency.

(C) A recorder shall record a copy of all valid photo identification cards or driver's licenses presented under subdivision (f)(1)(A) of this section by attaching the photocopies to the deed to real estate being recorded in accordance with the requirements under § 21-6-306.

(2) Subdivision (f)(1) of this section does not apply to a deed to real estate that is presented to the recorder by:(A) An attorney;(B) A real estate broker or a real estate agent;(C) A representative of a bank, mortgage company, or lending institution;(D) A title insurance agent, title insurance agency, or person affiliated with a title insurance agency;(E) The Commissioner of State Lands;(F) An individual representing the state or a political subdivision of the state; or(G) The state, a municipality within the state, a county within the state, or a political subdivision of the state.

(A) An attorney;

(B) A real estate broker or a real estate agent;

(C) A representative of a bank, mortgage company, or lending institution;

(D) A title insurance agent, title insurance agency, or person affiliated with a title insurance agency;

(E) The Commissioner of State Lands;

(F) An individual representing the state or a political subdivision of the state; or

(G) The state, a municipality within the state, a county within the state, or a political subdivision of the state.

(3) An unredacted copy of a valid photo identification card or driver's license shall be filed by the recorder under seal.