State Foreclosure Law
Arkansas Foreclosure Laws
Arkansas offers both non-judicial (trust deed, Act 53 of 1987 codified at A.C.
Research depth: Standard · Last reviewed March 10, 2026 · Awaiting attorney validation
6 cited
36 needs check
4 gaps
Not legal advice. This page provides general information about Arkansas foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — always confirm current statute text and consult a Arkansas-licensed attorney for advice specific to your situation.
Governing Statutes
| Citation | Title | Covers |
|---|---|---|
| A.C.A. § 18-50-101 et seq. | Non-Judicial Foreclosure of Trust Deeds (Act 53 of 1987) | Primary framework for non-judicial trustee's sale foreclosure of trust deeds in Arkansas. Establishes the requirements for the Notice of Default and Intention to Sell (30 days), publication of notice of sale (two weeks in a newspaper of general circulation), trustee's sale at the county courthouse, and post-sale procedures. Section 18-50-112 governs deficiency rights after non-judicial sale. |
| A.C.A. § 18-50-112 | Deficiency After Non-Judicial Sale — Anti-Deficiency for Purchase Money | Governs deficiency rights after a non-judicial trustee's sale. Purchase-money trust deeds on residential property (trust deed proceeds used to purchase the secured property) carry NO deficiency right — the lender's only remedy is the trustee's sale. For non-purchase-money trust deeds (refinances, home equity loans), deficiency is allowed but the lender must seek a court judgment in a separate action within one year of the sale. |
| A.C.A. § 18-49-101 et seq. | Judicial Foreclosure of Real Property Mortgages and Trust Deeds | Authorizes judicial foreclosure in circuit court (chancery division) for all real property mortgages and trust deeds. Requires a court complaint, service of process, default or contested judgment, court-ordered sale, and confirmation of sale. Provides an equity of redemption right (up to the time of sale) but no post-sale statutory redemption for judicial foreclosures unless the instrument provides for it. |
| Arkansas Constitution, Art. 9, §§ 3-5 | Homestead Exemption (Constitutional) | Protects a homestead from forced sale for most debts. Section 3: rural homestead of up to 80 acres (some sources indicate 160 acres in certain configurations), unlimited value, with dwelling house. Section 4: urban homestead of up to 1/4 acre within a city or town, unlimited value. Section 5: homestead right extends to widow/widower and minor children. The exemption does NOT bar a mortgage lender from foreclosing its lien. |
| A.C.A. § 16-66-210 | Homestead Exemption — Statutory Implementation | Implements the constitutional homestead exemption provisions. Homestead is exempt from general judgment execution and forced sale. Mortgage or deed of trust lienholders are not affected by the homestead exemption and may foreclose their liens notwithstanding the exemption. |
Non-Judicial Foreclosure Process
Awaiting verification1
Default and Federal 120-Day Waiting Period
At least 120 days after first payment delinquency
Before initiating foreclosure, the servicer must comply with federal CFPB Regulation X: complete pre-foreclosure outreach, provide a Single Point of Contact, and review loss mitigation applications. Federal law prohibits initiating foreclosure until the borrower is more than 120 days delinquent. Arkansas state law does not add a separate pre-foreclosure waiting period beyond the federal floor.
2
Notice of Default and Intention to Sell
Mailed/served at least 30 days before publication begins
The trustee (on behalf of the lender/beneficiary) serves a written Notice of Default and Intention to Sell on the borrower (trustor) by certified mail and/or personal delivery. The notice identifies the property, the default amount, and the trustee's intent to sell the property if the default is not cured. Under A.C.A. § 18-50-102, the borrower has at least 30 days from the notice to cure the default before the trustee may publish the sale notice.
3
Publication of Notice of Sale
2 weeks of publication; sale at least 10 days after final publication
After the 30-day cure period expires without cure, the trustee publishes a Notice of Trustee's Sale in a newspaper of general circulation in the county where the property is located for two consecutive weeks. The notice identifies the property, the sale date, time, and location (typically the county courthouse), and provides the trustee's contact information. The sale may not occur until at least 10 days after the final publication.
4
Trustee's Sale at Courthouse
On the advertised sale date; typically 60-75 days after Notice of Default is served
The trustee (or an authorized substitute trustee) conducts a public auction at the county courthouse on the advertised date, typically between 9 a.m. and 4 p.m. The lender/beneficiary may credit bid up to the full outstanding debt. Third-party bidders must pay cash or certified funds. The trustee issues a Trustee's Deed to the successful purchaser. NO post-sale redemption right exists for non-judicial Arkansas foreclosures — the sale is final.
5
Trustee's Deed Recorded and Possession
Immediately after sale; eviction proceedings 3-6 weeks if needed
The trustee records the Trustee's Deed with the county circuit clerk's office, transferring title to the purchaser. If the former owner or tenants do not vacate voluntarily, the new owner may initiate unlawful detainer (eviction) proceedings in circuit court. Federal PTFA provides 90-day notice to bona fide tenants. Arkansas has no post-sale redemption period — the purchaser acquires full title immediately upon receipt of the Trustee's Deed.
Judicial Foreclosure Process
Awaiting verification1
Complaint Filed in Circuit Court
After 120-day federal delinquency requirement is met
Lender files a foreclosure complaint in the circuit court (chancery division) of the county where the property is located. Names all parties with an interest in the property. Requests foreclosure judgment and court-ordered sale.
2
Service, Judgment, and Court-Ordered Sale
4-9 months from complaint filing in typical uncontested case
Defendants are served; borrower has 30 days to answer. Court enters foreclosure judgment (default or after hearing). Court orders commissioner's or sheriff's sale. Property is advertised and sold at public auction. Sale is confirmed by the court. No post-sale redemption right for judicial foreclosures in Arkansas.
Homeowner Protections
Awaiting verificationHomestead Exemption
Constitutionally unlimited dollar value. Rural homestead: up to 80 acres with dwelling (some configurations may allow more acreage). Urban homestead: up to 1/4 acre within a city or town. The unlimited value homestead exemption protects against most unsecured creditors and general judgment liens but does NOT bar a mortgage lender or trust deed beneficiary from foreclosing its lien on the homestead property.
§
Automatic — no filing required. Does not protect against foreclosure by the mortgage holder (only judgment creditors).
Deficiency Judgment
Allowed with limitations
§
For non-judicial foreclosures of non-purchase-money trust deeds, the lender must file a separate court action to obtain a deficiency judgment within 12 months of the trustee's sale. For judicial foreclosures, deficiency proceedings follow civil judgment rules.
Right of Redemption
No post-sale redemption.
Pre-sale reinstatement available. Before the foreclosure sale.
Right to Cure
Under the non-judicial track, the borrower has 30 days from the Notice of Default to cure the default and stop the foreclosure
All arrears, late charges, trustee fees, and costs to reinstate (typically up to the sale date); full accelerated balance to satisfy
Mediation
Arkansas does not have a mandatory statewide foreclosure mediation program. Federal loss mitigation requirements under CFPB Regulation X still apply to all servicers.
Free Legal Resources in Arkansas
- Legal Aid of ArkansasFree civil legal services for low-income Arkansans, including housing and foreclosure defense.arlegalaid.org →
- Center for Arkansas Legal ServicesLegal aid for housing, consumer debt, and foreclosure issues.arkansaslegalservices.org →
- HUD-Approved Housing CounselorsFree, federally funded housing counseling agencies in Arkansas. Can help with loan modification applications, mediation preparation, and understanding your options.Find a counselor in Arkansas →
- Arkansas Attorney General Consumer ProtectionReport mortgage fraud and consumer protection violations.1-800-482-8982 →
Find Help in Arkansas
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National Foreclosure Guides
These guides explain foreclosure at the federal level — your rights, your options, and what to do at each stage. They apply in every state, including Arkansas.
Facing Foreclosure?
Overview of the process, your options, and where to get free help
How to Stop Foreclosure
Steps you can take today — forbearance, modification, legal aid, bankruptcy
Your Rights in Foreclosure
Federal protections under CFPB Regulation X and loss mitigation rules
How Foreclosure Works
Stage-by-stage walkthrough from missed payments to sale
Behind on Your Mortgage?
What to do if you've missed a payment or know you'll miss one soon
Bankruptcy & Foreclosure
How Chapter 7 and Chapter 13 can stop or delay foreclosure
Arkansas Distress Data
The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Arkansas homeowners:
Foreclosure Filings
National trend
Arkansas has both judicial and non-judicial foreclosure processes.
The FHA Signal
FHA delinquency rate
FHA serious delinquency rate — the canary in the coal mine for borrowers with thin down payments.
The Pipeline
Foreclosure starts & completions
Monthly foreclosure starts and completions from CoreLogic — the volume flowing through the system.
First Missed
Early-stage transitions
Borrowers transitioning from current to 30-days late — the earliest warning signal before delinquency rises.
See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026
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If you're facing foreclosure in Arkansas, free help is available right now. Call the HUD Housing Counseling Hotline at 1-800-569-4287 or find a HUD-approved housing counselor near you at no cost.