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14-15-417. Willful neglect of duty.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-15-417. Willful neglect of duty.
If any recorder willfully neglects to perform any of the duties required of him or her by §§ 14-15-401, 14-15-402, 14-15-407, 14-15-409 — 14-15-414, and 14-14-416 — 14-15-420 or willfully performs them in any other manner than is required by law, he or she shall be deemed guilty of a misdemeanor in office and shall be proceeded against accordingly.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-15-417
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:14-15-417
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 85d5d8f9581e419263a2a9914ed12e5826b0b4dc8174115001fdadc498bead75
Source location: content.xml paragraph 4052
Stored source content
14-15-417. Willful neglect of duty.
If any recorder willfully neglects to perform any of the duties required of him or her by §§ 14-15-401, 14-15-402, 14-15-407, 14-15-409 — 14-15-414, and 14-14-416 — 14-15-420 or willfully performs them in any other manner than is required by law, he or she shall be deemed guilty of a misdemeanor in office and shall be proceeded against accordingly.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-15-401. Duties generally.
(a)(1) There shall be established in each county in this state an office to be styled the county recorder's office, which shall be kept at the seat of justice of each county.
(2)(A) Unless otherwise provided by law, the county recorder is the circuit clerk of the county.
(B) In a county that under law has assigned the duties of the county recorder to the county clerk, all Arkansas Code references to circuit clerk that concern recording functions shall mean the county clerk.
(b) The county recorder:
(1) Shall duly attend to the duties of the county recorder's office;
(2) Shall provide and keep in the county recorder's office well-bound books in which the county recorder shall record in a fair and legible hand all instruments of writing authorized or required to be recorded in the manner provided; and
(3)(A) May implement electronic filing and searching provisions and procedures under the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq.
(B) Unless a county recorder has implemented the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq., the transmission of an electronic document to the county recorder has no legal effect.
(C) A person that seeks to record an electronic document is solely responsible for determining if a county recorder has implemented the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-15-401
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 14-15-401. This identifies an authority to review, not proof of applicability.
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
14-15-407. Manner of recording.
Without delay, each recorder shall record every deed, mortgage, conveyance, deed of trust, bond, or other writing delivered to him or her for record with the acknowledgment, proofs, and certificates written on or attached to the writing and all other papers therein referred to and annexed thereto in the order and as of the time when the writing has been delivered for record by:
(1) Entering them word for word and letter for letter;
(2) Noting at the foot of each record all interlineations, erasures, and words visibly written on erasures; and
(3) Noting at the foot of the record the date of the month and year when the instrument so recorded was delivered to him or her or deposited in his or her office for record.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-15-407
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 14-15-407. 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.