Browse Arkansas Code titles and sections
18-50-108. Effect of sale.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-50-108. Effect of sale.
(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 entitled to notice shall not affect the validity of the sale as to persons notified.
(2) A person entitled to notice, but not given notice, shall have the rights of a person not made a defendant in a judicial foreclosure.
(b) A sale shall terminate all rights of redemption, and no person shall have a right to redeem the trust property after a sale, notwithstanding that the deed to and possession of the trust property have yet to be delivered.
(c)(1) No notice shall be required to be given to any person claiming an interest subsequent to the filing of the notice of default and intention to sell as set forth in § 18-50-104.
(2) The filing of the notice of default and intention to sell shall have the same force and effect as the filing of a lis pendens in a judicial proceeding.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-50-108
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:18-50-108
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6dad2cec8d8f8053a392403eff7fa7da07df4c36ad3c388abc99ac3d2f68fa08
Source location: content.xml paragraph 11466
Stored source content
18-50-108. Effect of sale.
(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 entitled to notice shall not affect the validity of the sale as to persons notified.
(2) A person entitled to notice, but not given notice, shall have the rights of a person not made a defendant in a judicial foreclosure.
(b) A sale shall terminate all rights of redemption, and no person shall have a right to redeem the trust property after a sale, notwithstanding that the deed to and possession of the trust property have yet to be delivered.
(c)(1) No notice shall be required to be given to any person claiming an interest subsequent to the filing of the notice of default and intention to sell as set forth in § 18-50-104.
(2) The filing of the notice of default and intention to sell shall have the same force and effect as the filing of a lis pendens in a judicial proceeding.
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
18-50-104. Prerequisites for foreclosure sale — Contents of notice of sale — Persons to receive notice.
(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 information required by subsection (b) of this section;
(2) A period of at least sixty (60) days has elapsed since the recording of the notice of default and intention to sell; and
(3)(A)(i) The beneficiary or mortgagee has certified to its trustee or attorney-in-fact under § 18-50-102 that each mortgagor, grantor, or obligor who applied for loan modification or forbearance assistance has been notified that the mortgagor, grantor, or obligor does not meet the criteria for loan modification or forbearance assistance under any program offered by:
(a) The beneficiary or mortgagee; or
(b) A government agency if the beneficiary or mortgagee participates in the government agency's program.
(ii) The notice shall be sent to the property address or mailing address of the mortgagor, grantor, or obligor by certified and first-class mail at least ten (10) business days before the sale.
(B) The duties of the beneficiary or mortgagee under subdivision (a)(3)(A) of this section are not delegable to the beneficiary's trustee or the mortgagee's attorney-in-fact.
(b) The mortgagee's or trustee's notice of default and intention to sell shall set forth:
(1) The names of the parties to the mortgage or deed of trust;
(2) A legal description of the trust property and, if applicable, the street address of the property;
(3) The book and page numbers where the mortgage or deed of trust is record
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-50-104
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 18-50-104. This identifies an authority to review, not proof of applicability.