Title 18, Property

Any person, firm, or corporation engaged in the business of the storage of automobiles and other motor vehicles, whether the storage is the principal line of business or an incident to the regular business, shall have a lien upon the motor vehicle so stored for the sums of money …

The lien provided for in this subchapter shall have the same priority as is provided by § 18-45-202.

(a) Any person, firm, or corporation having a lien under the provisions of this subchapter and retaining possession of the motor vehicle by virtue of the lien thereon for storage charges shall have the right to sell it for the satisfaction of the debt for which the motor vehicle …

As used in this section and §§ 18-48-502 — 18-48-504 “owner” and “operator” mean corporations, partnerships, or individuals engaged in the business of elevators, drying, cleaning, milling, or processing rice or other similar farm products.

This section and §§ 18-48-501, 18-48-503, and 18-48-504 shall specifically further protect all owners and operators of dryers, elevators, or cleaning, milling, or processing plants, but do not extend to any relationship between the owner or operator and his or her employee or emp…

The owner of any plant in this state engaged in the drying, cleaning, milling, or processing of rice or any other similar farm products for another shall have an absolute lien on the farm product to secure the payment for the drying, cleaning, milling, or processing of the farm p…

(a) (1) Any owner of any plant holding a lien under this section and §§ 18-48-501 — 18-48-503 may hold the farm product, and the by-products thereof, if any, for a period of thirty (30) days, unless his or her claim is sooner paid.(2) After that time the lienholder may sell such …

(a) The owner of a cotton gin who shall gin seed cotton for another and bale it shall have an absolute lien on the cottonseed and on the baled cotton to secure the payment of the ginning and the bagging and ties used in baling the cotton. (b) The lien shall attach to each bale of…

(a) (1) A ginner holding a lien under § 18-48-505 and this section may hold the cotton and seed for thirty (30) days, unless his or her claim is paid sooner.(2) After that time the lienholder may sell it at the best obtainable price on the market, at private sale, and from the pr…

A person furnishing or placing in a cemetery or burial ground, a monument, gravestone, enclosure, or other structure has a lien thereon for the agreed price thereof, or the part remaining unpaid, with interest from the time the amount was due, upon filing with the superintendent …

(a) (1) The notice may be filed at any time after the completion of the work, but must be filed within one (1) year after the agreed price for furnishing or placing the monument, gravestone, enclosure, or other structure becomes due.(2) The notice shall:(A) State that the lienor …

(a) After the service of the notice, an action to recover the amount of the debt and to enforce a lien therefor may be maintained by the lienor against the person with whom the agreement was made for the purchase and erection of the monument, gravestone, enclosure, or other struc…

(a) The superintendent, or other person in charge of a cemetery or burial ground, shall not permit the removal, alteration, or inscription of a monument, gravestone, enclosure, or other structure against which a lien exists after the notice of the lien has been filed and served a…

(1) As used in this subchapter:(1) “Default” means the failure to perform on time any obligation or duty set forth in the rental agreement;(2) “Last known address” means that address provided by the occupant in the rental agreement or the address provided by the occupant in a sub…

(a) The operator of a marina facility has a lien on all personal property stored within each leased space for rent, labor, or other charges and for expenses reasonably incurred in its sale, as provided in this subchapter. (b) The lien provided for in this section attaches as of t…

(1) The rental agreement shall contain a statement, in bold type, advising the occupant:(1) Of the existence of the lien; and(2) That property stored in the leased space may be sold to satisfy the lien if the occupant is in default. (1) Of the existence of the lien; and (2) That …

(a) If an occupant is in default, the marina operator may deny the occupant access to the leased space. (b) (1) Unless the rental agreement specifically provides otherwise and until a lien sale under this subchapter, the property stored in the leased space remains vested in the o…

If the occupant is in default for a period of more than forty-five (45) days, the marina operator may enforce the lien by selling the property stored in the leased space at a public sale for cash.

(a) Before conducting a sale under § 18-48-705, the marina operator shall:(1) (A) Notify the occupant in writing of the default.(B) The notice shall be sent by certified mail, return receipt requested, to the occupant at the occupant's last known address, and shall include:(i) A …

(a) Proceeds from the sale shall be paid, in order of priority:(1) To satisfy all prior liens having priority over the marina operator's lien as set forth in § 18-48-702;(2) To satisfy the marina operator's lien; and(3) To the occupant or other person or persons entitled thereto.…

(a) Unless otherwise specifically provided, all notices required by this subchapter shall be sent by certified mail, return receipt requested. (b) (1) Notices sent to the operator shall be sent to the marina facility where the occupant's property is stored.(2) Notices to the occu…

The provisions of this subchapter shall be applicable only in those situations in which the rental agreement is between a marina operator and the occupant.

This subchapter shall be known and may be cited as the “Principal Broker Real Estate Lien Act”.

(1) As used in this subchapter:(1) (A) “Base rent” means the rent designated in a lease as base rent, or a similar term, for the possession and use of commercial real estate.(B) “Base rent” does not include separate payments made by tenants for insurance, taxes, utilities, or oth…

(a) (1) A principal broker has a lien in the amount that the owner has agreed to pay the principal broker or real estate firm under a representation agreement upon:(A) The owner's net proceeds from the disposition of commercial real estate; and(B) The net rental proceeds from the…

(a) A principal broker may waive his or her right to a lien under this subchapter in the representation agreement. (b) If a court finds that payment is due to the principal broker in an action to recover amounts due under a representation agreement in which the principal broker h…

(a) A notice of claim of lien against proceeds shall state:(1) The name, address, and telephone number of the principal broker;(2) The date of the representation agreement;(3) The name of the owner of the commercial real estate;(4) The legal description of the commercial real est…

(a) Except for service of a complaint under § 18-48-807 or § 18-48-808, a notice required to be delivered to a party under this subchapter shall be delivered by:(1) Any form of service of process permitted by Rule 4 of the Arkansas Rules of Civil Procedure;(2) Registered or certi…

(a) If a principal broker records a notice of claim of lien against proceeds and knows or learns that he or she is not entitled to receive compensation under the terms of the representation agreement, the principal broker shall record a written release of the notice of claim of l…

(a) (1) An owner of commercial real estate may dispute a recorded notice of claim of lien against proceeds filed under this subchapter by filing a complaint in the circuit court of the county where the commercial real estate or a portion of the commercial real estate is located f…

(1) If perfected prior to the recording of a notice of claim of lien against proceeds, the following liens have priority over a lien created under this subchapter:(1) Statutory liens, mortgages, deeds of trust, assignments of rents, and other encumbrances, including all advances …

(a) In suits to foreclose or enforce mortgages, deeds of trust, or vendor's liens, it shall be sufficient defense that they have not been brought within the period of limitation prescribed by law for a suit on the debt or liability for the security of which they were given. (b) W…

(a) In any action in a justice court or circuit court of this state in which it is attempted to foreclose any mortgage or deed of trust or to replevy, under a mortgage, deed of trust, or other instrument any personal property, the defendant in the action shall have the right to p…

(a) It shall not be necessary in any action upon a mortgage or lien to enter an interlocutory judgment or give time for the payment of money, or for doing any other act. In such cases, final judgment may be given in the first instance. (b) In the foreclosure of a mortgage, a sale…

(a) (1) Sales of personal property made by order of the court shall be on a credit of three (3) months.(2) Sales of real property made by court order shall be on a credit of not less than three (3) months nor more than six (6) months, or on installments equivalent to not more tha…

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.

(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 …

(1) 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…

(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 attorne…

(1) 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…

(a) The trustee or mortgagee may not sell the trust property unless:(1) The mortgagee, trustee, or beneficiary has filed for record with the recorder of the county in which the trust property is situated a duly acknowledged notice of default and intention to sell containing the i…

(1) The mortgagee or trustee shall publish the notice:(1) In a newspaper of general circulation in the county in which the trust property is situated or in a newspaper of general statewide daily publication one (1) time a week for four (4) consecutive weeks prior to the date of s…

On or before the date the mortgagee or trustee conducts the sale, a duly acknowledged affidavit of mailing and publication of the notice of default and intention to sell shall be filed for record with the recorder of the county in which the trust property is situated.

(a) The sale shall be held on the date and at the time and place designated in the notice of default and intention to sell, except that the sale shall:(1) Be held between 9:00 a.m. and 4:00 p.m.;(2) Be held either at the premises of the trust property or at the front door of the …

(a) (1) A sale made by a mortgagee or trustee shall foreclose and terminate all interest in the trust property of all persons to whom notice is given under § 18-50-104 and of any other person claiming by, through, or under the person. A failure to give notice to any person entitl…

(1) The trustee or mortgagee shall apply the proceeds of the sale as follows:(1) To the expenses of the sale, including compensation of the trustee or mortgagee and a reasonable fee by the attorney;(2) To the indebtedness owed;(3) To all persons having recorded liens subsequent t…