Title 18 — Property

(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…

A.C.A. § 18-50-110Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) (1) The trustee's or mortgagee's deed shall contain recitals of compliance with the requirements of this chapter relating to the exercise of the power of sale and sale of the trust property, including recitals concerning mailing and publication of notice of default and intent…

(a) (1) At any time within twelve (12) months after a sale under this chapter, a money judgment may be sought for the balance due upon the obligation for which a mortgage or deed of trust was given as security.(2) In such action, the plaintiff shall set forth in his or her compla…

(a) At any time subsequent to the recordation of a mortgage or deed of trust and prior to a recording of a notice of default and intention to sell under the mortgage or deed, any person desiring a copy of any such notice may file for record with the recorder of the county where t…

(a) (1) Whenever all or a portion of the principal sum of any obligation secured by a mortgage or deed of trust, prior to the maturity date fixed in such obligation, has become due or has been declared due by reason of a breach or default in the performance of any obligation secu…

(a) (1) Subject to the provisions of § 18-50-114 and notwithstanding the terms of the mortgage, a power of sale is implied in every mortgage of real property situated in this state that is duly acknowledged and recorded.(2) The exercise of the implied power of sale shall be pursu…

(a) The procedures in this chapter for the foreclosure of a mortgage or deed of trust shall not impair or otherwise affect the right to bring a judicial action to foreclose a mortgage or deed of trust. (b) A notice of default and intention to sell shall be filed within the time t…

No person, firm, company, association, fiduciary, or partnership, either domestic or foreign, shall avail themselves of the procedures under this chapter unless authorized to do business in this state.

(a) A mortgagor may recover reasonable attorney's fees under this chapter if a court sets aside the statutory foreclosure sale due to a mortgagee's failure to strictly comply with any provision of this chapter under § 18-50-116(d)(2)(B)(ii). (b) A mortgagor shall not be awarded a…

(a) When any joint tenant, tenant in common, or coparcener in any real estate, or any interest therein, shall take, use, or have the profits and benefits thereof in greater proportion than his or her interest therein, that person, or his or her executor or administrator, shall ac…

(a) A person trespassing as follows shall pay a person injured treble the value of a thing damaged, broken, destroyed, or carried away, with costs, if the person shall:(1) Cut down, injure, destroy, or carry away any tree placed or growing for use or shade or any timber, rails, o…

(a) If any person shall set on fire any grass or other combustible material within his or her enclosures so as to damage any other person, that person shall make satisfaction in single damages to the party injured, to be recovered by civil action in any court having jurisdiction …

If any person shall voluntarily throw down or open any doors, bars, gates, or fences and leave them down or open, other than those that lead into his or her own enclosure, he or she shall pay the party injured the sum of five dollars ($5.00) for each offense and double the amount…

(a) In all cases in which fences, buildings, or other improvements that may be moved have been erroneously placed or erected on lands adjoining land on which the fences, buildings, or other improvements were intended to be erected, the owner of the fences, buildings, or other imp…

(a) The sale of land of infants or individuals with mental illness shall not be deemed to be prohibited as being in contravention of the deed, will, or contract under which they hold unless a sale is expressly forbidden by the deed, will, or contract. (b) When the legal title of …

(a) No cause of action shall arise against the owner, tenant, or lessee of land or premises for injuries to any person who is on that land or premises for the purpose of gleaning agricultural or farm products, unless that person's injuries were caused by the gross negligence or w…

(a) (1) An owner, lessee, or occupant of land does not owe a duty of care to a trespasser on the land and is not liable for any injury to a trespasser on the land.(2) No cause of action shall arise against the owner, lessee, or occupant of land until the presence of the trespasse…

The action of ejectment may be maintained in all cases in which the plaintiff is legally entitled to the possession of the premises.

(a) The action of ejectment may be maintained in all cases in which the plaintiff claims the possession of the premises under or by virtue of:(1) An entry made with the register and receiver of the proper land office of the United States;(2) A preemption right under the laws of t…

(a) The action of ejectment may be maintained in all cases when the plaintiff claims the possession of the premises under or by virtue of an entry made with the proper swampland agent or land agent of the proper land office of the State of Arkansas. (b) The patent certificates gr…

(a) The action of ejectment shall be brought and prosecuted in the real names of the parties thereunto. (b) The action may be brought against the person in possession of the premises claimed or his or her lessor, or both. (c) The person from or through whom the defendant claims t…

(a) (1) In all actions for the recovery of lands, except in actions of forcible entry and unlawful detainer, the plaintiff shall set forth in his or her complaint all deeds and other written evidences of title on which he or she relies for the maintenance of his or her suit.(2) T…

(a) To entitle the plaintiff to recover, it shall be sufficient for him or her to show that, at the time of the commencement of the action, the defendant was in possession of the premises claimed and that the plaintiff had title thereto or had the right to the possession thereof …

(a) In all cases in which no other provision is made, the judgment, if for the plaintiff, shall be for the recovery of the possession of the premises and the damages and costs. (b) If judgment should be rendered against the defendant, the judgment shall be for the recovery of the…

When the judgment for the plaintiff is both for the recovery of the possession of the premises and for the damages, the plaintiff may have a writ of possession. The writ shall command the officer to whom it may be directed to deliver to the plaintiff possession of the premises an…

(a) If the plaintiff prevails in the action, he or she shall recover by way of damages the rents and profits down to the time of assessing them. (b) When the plaintiff or those under whom he or she claims title may have entered in any land office of the United States within this …

When the judgment for the plaintiff is only for damages and costs, execution may be issued thereon as on judgments in personal actions.

If the right of the plaintiff to the possession of the premises expires after the commencement of the action and before the trial, the verdict shall be returned according to the facts and judgment shall be entered only for the damages and costs.

(a) No action for the recovery of any lands or for the possession thereof against any person, or his or her heirs or assigns, who may hold such lands by virtue of a purchase thereof at a sale by the collector or Commissioner of State Lands, for the nonpayment of taxes, or who may…

(a) If any person believing himself or herself to be the owner, either in law or equity, under color of title has peaceably improved, or shall peaceably improve, any land which upon judicial investigation shall be decided to belong to another, the value of the improvement made as…

(a) (1) If any person believing himself or herself to be the owner, either in law or equity, under a clerk's tax deed or a Commissioner of State Lands' forfeited land deed, containing a valid and proper description constituting color of title, has, or shall, peaceably improve any…

(a) Acts 1875, No. 85 [repealed], as amended by Acts 1875 (Adj. Sess.) No. 56; Acts 1891, No. 8 [repealed] and Acts 1947, No. 373 [repealed], which declare and describe the cause of action for forcible entry and detainer and unlawful detainer and prescribe the procedure for carry…

No person shall enter into or upon any lands, tenements, or other possessions and detain or hold them except when an entry is given by law, and then only in a peaceable manner.

(1) A person shall be guilty of a forcible entry and detainer within the meaning of this subchapter if the person shall:(1) Enter into or upon any lands, tenements, or other possessions and detain or hold them without right or claim to title;(2) Enter by breaking open the doors a…

(1) A person shall be guilty of an unlawful detainer within the meaning of this subchapter if the person shall, willfully and without right:(1) Hold over any land, tenement, or possession after the determination of the time for which it was demised or let to him or her, or the pe…

Sections 18-60-303 and 18-60-304 shall extend to and comprehend all estates, whether freehold or less than freehold.

(a) Forcible entries and detainers and unlawful detainers are cognizable before the:(1) Circuit court of any county in which the offenses may be committed; and(2) District court with jurisdiction concurrent with the jurisdiction of the circuit court, if permitted by rule or order…

(a) When any person to whom any cause of action shall accrue under this subchapter shall file in the office of the clerk of the court a complaint signed by him or her, his or her agent or attorney, specifying the lands, tenements, or other possessions so forcibly entered and deta…

In trials under the provisions of this subchapter, the title to the premises in question shall not be adjudicated upon or given in evidence, except to show the right to the possession and the extent thereof.

(a) If upon the trial of any action brought under this subchapter the finding or verdict is for the plaintiff, the court or jury trying it shall assess the amount to be recovered by the plaintiff for the rent due and agreed upon at the time of the commencement of the action and u…

(a) Upon receipt of a writ of possession from the clerk of the court, the sheriff shall immediately proceed to execute the writ in the specific manner described in this section and, if necessary, ultimately by ejecting from the property described in the writ the defendant or defe…

(a) In all cases of forcible entry and detainer and unlawful detainer, when the defendant disputes the plaintiff's right of possession, it shall be lawful for the defendant to introduce before the court or the jury trying the main issue in the action evidence showing the damage h…

(a) Neither the judgment to be rendered by the court in matters brought pursuant to the provisions of this subchapter nor anything in this subchapter shall bar or preclude the party injured from bringing any cause of action for trespass or ejectment, or any other action, against …