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26-60-102. Transfers to which chapter inapplicable.
Arkansas Code — all titles (historical 2020) · legal_authorities
26-60-102. Transfers to which chapter inapplicable.
The real property transfer tax imposed by this chapter shall not apply to a transfer of the following:
(1) A transfer to or from the United States, the State of Arkansas, or any of the instrumentalities, agencies, or political subdivisions of the United States or the State of Arkansas;
(2) Any instrument or writing given solely to secure a debt;
(3) Any instrument solely for the purpose of correcting or replacing an instrument that has been previously recorded with full payment of the tax having been paid at the time of the previous recordation;
(4) An instrument conveying land sold for delinquent taxes;
(5) An instrument conveying a leasehold interest in land only;
(6) An instrument, including a timber deed, that conveys or grants the right to remove timber from land if the instrument grants or conveys the right to remove the timber for a period of not to exceed twenty-four (24) months;
(7) An instrument given by one (1) party in a divorce action to the other party to the divorce action as a division of marital property whether by agreement or order of the court;
(8) An instrument given in a judicial proceeding or a nonjudicial proceeding under § 18-50-101 et seq. to enforce a security interest in real estate when the instrument transfers the property to the same person who is seeking to enforce the security interest;
(9) An instrument given to a secured party in lieu of or to avoid a judicial proceeding or a nonjudicial proceeding under § 18-50-101 et seq. to enforce a security interest in real estate;
(10) An instrument conveying a home financed by the Federal Housing Administration, the United States Department of Veterans Affairs, or the United States Department of Agriculture Rural Developmen
Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-60-102
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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Record provenance
Stable record: arkansas_code:legal_authorities:26-60-102
Source file: gov.ar.code.title.26.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e0cd68888d2ebcc80d7656a3df9a2f134f1f534eb28b0553862ef474d39ad621
Source location: content.xml paragraph 30539
Stored source content
26-60-102. Transfers to which chapter inapplicable.
The real property transfer tax imposed by this chapter shall not apply to a transfer of the following:
(1) A transfer to or from the United States, the State of Arkansas, or any of the instrumentalities, agencies, or political subdivisions of the United States or the State of Arkansas;
(2) Any instrument or writing given solely to secure a debt;
(3) Any instrument solely for the purpose of correcting or replacing an instrument that has been previously recorded with full payment of the tax having been paid at the time of the previous recordation;
(4) An instrument conveying land sold for delinquent taxes;
(5) An instrument conveying a leasehold interest in land only;
(6) An instrument, including a timber deed, that conveys or grants the right to remove timber from land if the instrument grants or conveys the right to remove the timber for a period of not to exceed twenty-four (24) months;
(7) An instrument given by one (1) party in a divorce action to the other party to the divorce action as a division of marital property whether by agreement or order of the court;
(8) An instrument given in a judicial proceeding or a nonjudicial proceeding under § 18-50-101 et seq. to enforce a security interest in real estate when the instrument transfers the property to the same person who is seeking to enforce the security interest;
(9) An instrument given to a secured party in lieu of or to avoid a judicial proceeding or a nonjudicial proceeding under § 18-50-101 et seq. to enforce a security interest in real estate;
(10) An instrument conveying a home financed by the Federal Housing Administration, the United States Department of Veterans Affairs, or the United States Department of Agriculture Rural Development, if the sale price of the home is sixty thousand dollars ($60,000) or less and the seller files with the county recorder of deeds a sworn statement by the buyer stating that neither the buyer nor the spouse of the buyer has owned a home within three (3) years of the date of closing and also stating the sale price of the home;
(11) An instrument conveying land between corporations, partnerships, limited liability companies, or other business entities or between a business entity and its shareholder, partner, or member incident to the organization, reorganization, merger, consolidation, capitalization, asset distribution, or liquidation of a corporation, partnership, limited liability company, or other business entity; and
(12) A beneficiary deed under § 18-12-608.
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
18-12-608. Beneficiary deeds — Terms — Recording required.
(a)(1)(A) A beneficiary deed is a deed without current tangible consideration that conveys upon the death of the owner an ownership interest in real property other than a leasehold or lien interest to a grantee designated by the owner and that expressly states that the deed is not to take effect until the death of the owner.
(B)(i) A beneficiary deed transfers the interest to the designated grantee effective upon the death of the owner, subject to:
(a) All conveyances, assignments, contracts, leases, mortgages, deeds of trust, liens, security pledges, oil, gas, or mineral leases, and other encumbrances made by the owner or to which the real property was subject at the time of the owner's death, whether or not the conveyance or encumbrance was created before or after the execution of the beneficiary deed; and
(b) A claim for reimbursement of federal or state benefits by the Department of Human Services from the estate of the grantor or the interest acquired by a grantee of the beneficiary deed under § 20-76-436.
(ii) No legal or equitable interest shall vest in the grantee until the death of the owner prior to revocation of the beneficiary deed.
(2)(A) The owner may designate multiple grantees under a beneficiary deed.
(B) Multiple grantees may be joint tenants with right of survivorship, tenants in common, holders of a tenancy by the entirety, or any other tenancy that is otherwise valid under the laws of this state.
(3)(A) The owner may designate one (1) or more successor grantees, including one (1) or more unnamed heirs of the original grantee or grantees, under a beneficiary deed.
(B) The condition upon which the interest of a successor grantee vests, such as the failure of the original gran
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-12-608
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 18-12-608. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-50-101. Definitions.
As used in this chapter:
(1) “Beneficiary” means the person named or otherwise designated in a deed of trust as the person for whose benefit a deed of trust is given or his or her successor in interest;
(2) “Deed of trust” means a deed conveying real property in trust to secure the performance of an obligation of the grantor named in the deed or an obligor that is secured by the deed of trust to a beneficiary and conferring upon the trustee a power of sale for breach of an obligation of the grantor or obligor contained in the deed of trust;
(3) “Grantor” means the person conveying an interest in real property by a mortgage or deed of trust as security for the performance of an obligation secured by the mortgage or deed of trust;
(4) “Mortgage” means the grant of an interest in real property to be held as security for the performance of an obligation by the mortgagor or other person;
(5) “Mortgage company” means any private, state, or federal entity that in the usual course of its business is either the mortgagee or beneficiary of a deed of trust or mortgage;
(6) “Mortgage loan servicer” means an entity that holds itself out as being able to service loans secured by liens or mortgages encumbering real property;
(7) “Mortgagee” means the person holding an interest in real property as security for the performance of an obligation secured by a mortgage or his or her attorney-in-fact appointed pursuant to this chapter;
(8) “Mortgagor” means the person granting an interest in real property as security for the performance of an obligation secured by a mortgage;
(9) “Obligor” means a person owing an obligation that is secured by a mortgage or deed of trust;
(10) “Sale” means the public auction conducted pursuant to § 18-50-107;
(11)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-50-101
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 18-50-101. This identifies an authority to review, not proof of applicability.