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14-15-416. Failure to perform duty.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-15-416. Failure to perform duty.
Any recorder to whom any deed or other writing proved or acknowledged according to law is delivered for record shall forfeit and pay any sum not exceeding five hundred dollars ($500), to be recovered by action on his or her official bond, one-half (½) to the use of the county and one-half (½) to the use of the person who shall sue for it, and he or she shall also be liable to any person injured for all damages he or she may have sustained thereby, to be recovered by action on the official bond of the recorder if the recorder:
(1) Neglects or refuses to make an entry or give a receipt therefor, as required by §§ 14-15-402, 14-15-409, and 14-15-410;
(2) Neglects or refuses to record the deed or writing within a reasonable time after receiving the deed or writing;
(3) Records any deed or instrument of writing before another first deposited in his or her office and entitled to be recorded;
(4) Records any deed or other writing incorrectly; or
(5) Neglects or refuses to provide and keep in his or her office such indices as required by § 14-15-414.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-15-416
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:14-15-416
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 460705ddc013c2772f1e47d441f8744807da73e173b83fe2a4602f6ff9854f5e
Source location: content.xml paragraph 4042
Stored source content
14-15-416. Failure to perform duty.
Any recorder to whom any deed or other writing proved or acknowledged according to law is delivered for record shall forfeit and pay any sum not exceeding five hundred dollars ($500), to be recovered by action on his or her official bond, one-half (½) to the use of the county and one-half (½) to the use of the person who shall sue for it, and he or she shall also be liable to any person injured for all damages he or she may have sustained thereby, to be recovered by action on the official bond of the recorder if the recorder:
(1) Neglects or refuses to make an entry or give a receipt therefor, as required by §§ 14-15-402, 14-15-409, and 14-15-410;
(2) Neglects or refuses to record the deed or writing within a reasonable time after receiving the deed or writing;
(3) Records any deed or instrument of writing before another first deposited in his or her office and entitled to be recorded;
(4) Records any deed or other writing incorrectly; or
(5) Neglects or refuses to provide and keep in his or her office such indices as required by § 14-15-414.
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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. The source passage cites 14-15-402. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-15-409. Entry of instruments.
When any deed, mortgage, deed of trust, bond, conveyance, or other instrument of writing authorized by law to be recorded is deposited in the recorder's office for record, the recorder shall enter in a book to be provided for that purpose in alphabetical order:
(1) The names of the persons;
(2) The date and the nature of the instrument; and
(3) The time of delivery for record.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-15-409
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 14-15-409. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-15-410. Receipt for instrument filed.
When any deed, mortgage, deed of trust, bond, conveyance, or other instrument of writing authorized by law to be recorded shall be deposited in the recorder's office for record, the recorder shall give to the person delivering the instrument, if required, a receipt specifying the particulars of it.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-15-410
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 14-15-410. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-15-414. Indexes to record books.
(a)(1) Each recorder shall provide and keep in the recorder's office a well-bound book and make and enter in alphabetical order in the book an index to all books of record wherein deeds, mortgages, or other instruments in writing concerning lands and tenements are recorded, distinguishing the books and pages in which every deed or writing is recorded.
(2) The index shall contain:
(A) The names of the several grantors and grantees in alphabetical order;
(B) In case the deed is made by a sheriff, the name of the sheriff and the defendant in the execution;
(C) If by executors or administrators, their names and the names of their testator or intestate;
(D) If by attorney, the name of the attorney and his or her constituent; and
(E) If by a commissioner, the name of the commissioner and the person whose estate is conveyed.
(3) Each recorder shall make a reference in the several indexes of all deeds and conveyances that may be recorded, so as to afford, at all times, an easy reference to the records.
(4)(A) If an assignment or a satisfaction or release of a mortgage, deed of trust, or other lien is presented for recording, the assignment, satisfaction, or release shall state:
(i) The date the mortgage, deed of trust, or other lien was recorded; and
(ii) The instrument number, book and page numbers, or other recording reference at which the mortgage, deed of trust, or other lien appears of record.
(B) The recorder shall note in the index of the book or record in which the assignment, satisfaction, or release is recorded:
(i) The book and page numbers, instrument number, or other recording reference for the mortgage, deed of trust, or other lien assigned, satisfied, or released; and
(ii) The name of the mortgagor o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-15-414
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 14-15-414. This identifies an authority to review, not proof of applicability.