Browse Arkansas Code titles and sections
18-40-109. Transfer, etc., by separate instrument.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-40-109. Transfer, etc., by separate instrument.
(a)(1) No provision contained in §§ 18-40-103, 18-40-106, 18-40-107, and this section shall prevent any mortgagee, trustee, agent of owner of record, or the owner of record, transferee, or assignee appearing of record, from selling, transferring, or assigning any deed of trust, mortgage, or vendor's lien retained in deed by separate instrument duly acknowledged and recorded.
(2) At the time of recording any separate instrument transferring any mortgage, deed of trust, vendor's lien, or lien retained in deed, note, bond, or other instrument, the clerk and ex officio recorder in the office in which the transfer or assignment shall appear shall note on the margin of the record of the original mortgage, deed of trust, or deed retaining vendor's lien a memorandum noting that the lien contained in the instrument, and the notes or other instruments evidenced thereby, have been transferred, to whom transferred, the date of the transfer, and the book and page where the separate instrument and transfer may be found.
(3) The failure of the clerk and ex officio recorder to make the marginal entry or notation shall not invalidate the sale, transfer, or assignment recorded as provided in this section.
(b)(1) The clerks in counties which use other than paper recording systems shall not allow any assignment by marginal notation after December 31, 1995.
(2) Any such marginal notation entered after December 31, 1995, is void.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-40-109
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:18-40-109
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 14bc7a5151d7a19b9cc8d66dc400bf6d8da568fd56ff634b61d967e4ab238196
Source location: content.xml paragraph 7524
Stored source content
18-40-109. Transfer, etc., by separate instrument.
(a)(1) No provision contained in §§ 18-40-103, 18-40-106, 18-40-107, and this section shall prevent any mortgagee, trustee, agent of owner of record, or the owner of record, transferee, or assignee appearing of record, from selling, transferring, or assigning any deed of trust, mortgage, or vendor's lien retained in deed by separate instrument duly acknowledged and recorded.
(2) At the time of recording any separate instrument transferring any mortgage, deed of trust, vendor's lien, or lien retained in deed, note, bond, or other instrument, the clerk and ex officio recorder in the office in which the transfer or assignment shall appear shall note on the margin of the record of the original mortgage, deed of trust, or deed retaining vendor's lien a memorandum noting that the lien contained in the instrument, and the notes or other instruments evidenced thereby, have been transferred, to whom transferred, the date of the transfer, and the book and page where the separate instrument and transfer may be found.
(3) The failure of the clerk and ex officio recorder to make the marginal entry or notation shall not invalidate the sale, transfer, or assignment recorded as provided in this section.
(b)(1) The clerks in counties which use other than paper recording systems shall not allow any assignment by marginal notation after December 31, 1995.
(2) Any such marginal notation entered after December 31, 1995, is void.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-40-103. Extension of maturity date.
(a)(1) No agreement for the extension of the date of maturity of the whole, or any part, of any debt or note secured by mortgage, deed of trust, or vendor's lien or for the renewal thereof, whether made in writing or otherwise, and no written or oral acknowledgment of indebtedness thereon, shall operate, so far as it affects the rights of third parties, to revive the debts or extend the operation of the statute of limitations with reference thereto, unless the parties execute and acknowledge a written agreement setting forth the terms of the extension or renewal and the description of the property affected and record it in the office of the recorder of the county in which the property is located, or unless a memorandum showing the extension or renewal is endorsed on the margin of the record where the instrument is recorded, which endorsement shall be attested and dated by the clerk.
(2)(A) In counties which use other than paper recording systems, all marginal endorsements entered after December 31, 1995, are void.
(B) The clerks in counties which use other than paper recording systems shall not allow any marginal endorsements to be made after December 31, 1995, and shall not attest or date any marginal endorsements after December 31, 1995.
(b) In all cases of existing recorded mortgages, deeds of trust, or deeds barred by the terms of this section, or when the debt retains liens, when the debt or liability would be barred by the terms of this section, the party in whose favor the debt or liability exists shall be allowed one (1) year from the date of the debt or liability to bring action to enforce it.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-40-103
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 18-40-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-40-106. Sufficiency of satisfaction — Transfer or assignment.
(a)(1) Satisfaction of any mortgage, deed of trust, vendor's lien, or lien retained in deed or note made and endorsed on the margin of the record where the instrument is recorded by the mortgagee, trustee, beneficiary, agent of the owner of record of the indebtedness, or by the owner of record thereof, shall be full and complete protection for any subsequent purchaser, mortgagee, or judgment creditor of the mortgagor or grantor, unless there shall appear on the margin of the record where the instrument is recorded a memorandum showing that the mortgage, deed of trust, vendor's lien, lien retained in deed or note, or other evidence of indebtedness secured thereby has been transferred or assigned.
(2) The memorandum shall be signed by the transferor or assignor, giving the name of the transferee or assignee, together with the date of the transfer or assignment, the signature to be attested and dated by the clerk.
(b) Where it shall appear from a memorandum endorsed upon the margin of the record and attested as provided in subsection (a) of this section that the mortgage, deed of trust, vendor's lien, or other evidence of indebtedness has been transferred, satisfaction shall be made by the party appearing therein as the transferee.
(c)(1) This section does not apply in counties which use other than paper recording systems.
(2) The clerks in counties that use other than paper recording systems shall not allow any marginal endorsements to be made after December 31, 1995.
(3) In counties which use other than paper recording systems, marginal endorsements made after December 31, 1995, are void.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-40-106
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 18-40-106. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-40-107. Attestation of satisfaction — Separate release.
(a) In all cases in which the party receiving satisfaction of any indebtedness secured by mortgage, deed of trust, or lien affecting real estate is required by law to acknowledge it on the margin of the record, the satisfaction shall be signed by the party and his or her signature shall be attested and dated by the clerk. The attestation by the clerk shall be evidence of the facts recited therein.
(b) The effectual discharge of any lien, deed of trust, or mortgage lien in note, bond, or other instrument may be made by a separate release deed or instrument duly executed, acknowledged, and recorded. This instrument when so recorded shall be of the same effect as a marginal entry.
(c)(1) Subsection (a) of this section does not apply in counties which use other than paper recording systems.
(2) In counties which use other than paper recording systems, the clerks shall not allow marginal notations of satisfaction of any indebtedness after December 31, 1995.
(3) In counties which use other than paper recording systems, marginal notations made after December 31, 1995, are void.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-40-107
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 18-40-107. This identifies an authority to review, not proof of applicability.