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14-15-402. Instruments to be recorded.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-15-402. Instruments to be recorded.
(a) It shall be the duty of each recorder to record in the books provided for his or her office all deeds, mortgages, conveyances, deeds of trust, bonds, covenants, defeasances, affidavits, powers of attorney, assignments, contracts, agreements, leases, or other instruments of writing of or writing concerning any lands and tenements or goods and chattels, which shall be proved or acknowledged according to law, that are authorized to be recorded in his or her office.
(b)(1) To be accepted by the county recorder for recording purposes, all documents shall:
(A) Be on eight and one-half by eleven inch (8½"x11") paper;
(B) Have a two and one-half inch (2.5") margin at the right top of the first page, one-half inch (0.5") margin on the sides and bottoms of all pages, and a two and one-half inch (2.5") margin at the bottom of the last page;
(C) Have an area reserved on the top right of the first page for the file mark of the recorder;
(D) Contain the following information:
(i) The title of the document; and
(ii) The name of the grantor and grantee, when applicable;
(E) Be acknowledged or otherwise executed as permitted by § 16-47-107 or § 18-12-208; and
(F) Be legible.
(2)(A) The county recorder shall have the discretion to waive the requirements of subdivision (b)(1) of this section for:
(i) Good cause; and
(ii) Any document that complies with the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq.
(B) All documents and instruments executed before January 1, 2004, shall be exempt from the requirements of subdivision (b)(1) of this section.
(C) All surveys and plats shall be exempt from the requirements of subdivision (b)(1) of this section.
(3) A county recorder shall not refuse to record a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-15-402
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:14-15-402
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8b342392cba9bff7a4e46dd3fda3780732a9981b0a6b4d877a11f19e44212293
Source location: content.xml paragraph 3774
Stored source content
14-15-402. Instruments to be recorded.
(a) It shall be the duty of each recorder to record in the books provided for his or her office all deeds, mortgages, conveyances, deeds of trust, bonds, covenants, defeasances, affidavits, powers of attorney, assignments, contracts, agreements, leases, or other instruments of writing of or writing concerning any lands and tenements or goods and chattels, which shall be proved or acknowledged according to law, that are authorized to be recorded in his or her office.
(b)(1) To be accepted by the county recorder for recording purposes, all documents shall:
(A) Be on eight and one-half by eleven inch (8½"x11") paper;
(B) Have a two and one-half inch (2.5") margin at the right top of the first page, one-half inch (0.5") margin on the sides and bottoms of all pages, and a two and one-half inch (2.5") margin at the bottom of the last page;
(C) Have an area reserved on the top right of the first page for the file mark of the recorder;
(D) Contain the following information:
(i) The title of the document; and
(ii) The name of the grantor and grantee, when applicable;
(E) Be acknowledged or otherwise executed as permitted by § 16-47-107 or § 18-12-208; and
(F) Be legible.
(2)(A) The county recorder shall have the discretion to waive the requirements of subdivision (b)(1) of this section for:
(i) Good cause; and
(ii) Any document that complies with the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq.
(B) All documents and instruments executed before January 1, 2004, shall be exempt from the requirements of subdivision (b)(1) of this section.
(C) All surveys and plats shall be exempt from the requirements of subdivision (b)(1) of this section.
(3) A county recorder shall not refuse to record a document that has been executed in a manner permitted by § 16-47-107 or § 18-12-208.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-2-301. Short title.
This subchapter may be cited as the “Uniform Real Property Electronic Recording Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-2-301
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-2-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-47-107. Forms for acknowledgment.
(a) For all deeds, conveyances, deeds of trust, mortgages, and other instruments in writing affecting or purporting to affect the title of any real estate situated in this state and executed by corporations, business trusts, estates, partnerships, limited liability companies, associations, joint ventures, or any other legal entities, the following form is deemed to be a valid acknowledgment and sufficient for recordation or entry into evidence under § 18-12-202:
“State of County of On this day of , 20 , before me, , a Notary Public, (or before any officer within this State or without the State now qualified under existing law to take acknowledgments), duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named and , (being the person or persons authorized by said corporation, [business trust, estate, partnership, limited liability company, association, joint venture, or other legal entity] to execute such instrument, stating their respective capacities in that behalf), to me personally well known (or satisfactorily proven to be such person), who stated that [he, she, or they] was [were] the [and ] of the , a corporation [business trust, estate, partnership, limited liability company, association, joint venture, or other legal entity], and was [were] duly authorized in [his, her, or their] respective capacity [capacities] to execute the foregoing instrument(s) for and in the name and behalf of said corporation [business trust, estate, partnership, limited liability company, association, joint venture or other legal entity], and further stated and acknowledged that [he, she, or they] had so signed, executed, and delivered said foregoing instrument for the considerat
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-47-107
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-47-107. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-12-208. Defects.
(a) All deeds, conveyances, deeds of trust, mortgages, marriage contracts, and other instruments in writing affecting or purporting to affect the title to any real estate or personal property situated in this state, which have been recorded and which are defective or ineffectual because:
(1) Of failure to comply with § 18-12-403;
(2) The officer who certified the acknowledgment or acknowledgments to such instruments omitted any words required by law to be in the certificate or acknowledgments;
(3) The officer failed or omitted to attach his or her seal to the certificate;
(4) The officer attached to any such certificate a seal not bearing the words and devices required by law;
(5) The officer was a mayor of a city or an incorporated town in the State of Arkansas and as such was not authorized to certify to executions and acknowledgments to such instruments, or was the deputy of an official duly authorized by law to take acknowledgments but whose deputy was not so authorized;
(6) The notary public failed to state the date of the expiration of his or her commission on the certificate of acknowledgment, or incorrectly stated it thereon;
(7) The officer incorrectly dated the certificate of acknowledgment or failed to state the county wherein the acknowledgment was taken; or
(8) The acknowledgment was certified in any county of the State of Arkansas by any person holding an unexpired commission as notary public under the laws of the state who had, at the time of the certification, ceased to be a resident of the county within and for which he or she was commissioned, shall be as binding and effectual as though the certificate of acknowledgment or proof of execution was in due form, bore the proper seal, and was certified to by a duly auth
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-12-208
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-12-208. This identifies an authority to review, not proof of applicability.