Title 18 — Property
29 chapters · 720 sections in this title.
Ark. Code Ann. § 18-40-101 Proof or acknowledgment — Recording
0.3K chars
All mortgages of real estate shall be proven or acknowledged in the same manner that deeds for the conveyance of real estate are required by law to be proven or acknowledged. When so proven or acknowledged they shall be recorded in the counties in which the lands lie.
Ark. Code Ann. § 18-40-102 Lien attaches when recorded
0.2K chars
Every mortgage of real estate shall be a lien on the mortgaged property from the time it is filed in the recorder's office for record, and not before. The filing shall be notice to all persons of the existence of the mortgage.
Ark. Code Ann. § 18-40-103 Extension of maturity date
3.3K chars
(a) (1) No agreement for the extension of the date of maturity of the whole, or any part, of any debt or note secured by mortgage, deed of trust, or vendor's lien or for the renewal thereof, whether made in writing or otherwise, and no written or oral acknowledgment of indebtedne…
Ark. Code Ann. § 18-40-104 Acknowledgment of satisfaction on record
7.1K chars
(a) If a mortgagee or his or her executor, administrator, or assignee receives full satisfaction for the amount due on any mortgage, then at the request of the person making satisfaction, the mortgagee shall acknowledge satisfaction of the amount due on the mortgage on the margin…
Ark. Code Ann. § 18-40-105 Certification upon payment before sale
0.4K chars
If mortgaged property is redeemed by payment to the officer before the sale, the officer shall make a certificate thereof and acknowledge it before some officer authorized to take acknowledgment of deeds for lands. The certificate shall be recorded in the office in which the mort…
Ark. Code Ann. § 18-40-106 Sufficiency of satisfaction — Transfer or assignment
2.9K chars
(a) (1) Satisfaction of any mortgage, deed of trust, vendor's lien, or lien retained in deed or note made and endorsed on the margin of the record where the instrument is recorded by the mortgagee, trustee, beneficiary, agent of the owner of record of the indebtedness, or by the …
Ark. Code Ann. § 18-40-107 Attestation of satisfaction — Separate release
1.5K chars
(a) In all cases in which the party receiving satisfaction of any indebtedness secured by mortgage, deed of trust, or lien affecting real estate is required by law to acknowledge it on the margin of the record, the satisfaction shall be signed by the party and his or her signatur…
Ark. Code Ann. § 18-40-108 Validation of prior releases
1.4K chars
(a) All releases of mortgages, liens, liens under deeds of trust, vendor's liens, or other liens appearing upon the record, either upon the margin of the record of the instrument reserving the lien or by separate instrument upon the record, when appearing upon the record as of th…
Ark. Code Ann. § 18-40-109 Transfer, etc., by separate instrument
2.9K chars
(a) (1) No provision contained in §§ 18-40-103, 18-40-106, 18-40-107, and this section shall prevent any mortgagee, trustee, agent of owner of record, or the owner of record, transferee, or assignee appearing of record, from selling, transferring, or assigning any deed of trust, …
Ark. Code Ann. § 18-40-110 Recording by public utilities covering property situated in more than one county
2.6K chars
(a) Every mortgage, deed of trust, and instrument supplementary thereto, amendatory thereof, or in satisfaction thereof, covering any real property situated in more than one (1) county in this state and made by a corporation subject to regulation by the Arkansas Public Service Co…