Arkansas foreclosure laws: how the process works and how long it takes

• A.C.A. § 18-50-101 et seq.: Primary framework for non-judicial trustee's sale foreclosure of trust deeds and recorded mortgages in Arkansas. Establishes the requirements for the Notice of Default and Intention to Sell (recorded at least 60 days before the sale), publication of notice of sale (once a week for four consecutive weeks in a newspaper of general circulation), the sale at the property or the county courthouse, and post-sale procedures. Section 18-50-112 governs deficiency rights after non-judicial sale.
• A.C.A. § 18-50-112: Governs deficiency rights after a non-judicial trustee's sale. The lender must seek a deficiency judgment in a court action within 12 months after the sale, and the judgment cannot exceed the lesser of the amount by which the debt exceeds the property's fair market value or the amount by which it exceeds the sale price.
• A.C.A. § 18-49-101 et seq.: 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) and a statutory right to redeem within one year after the sale unless the mortgage or deed of trust waived it.
• Arkansas Constitution, Art. 9, §§ 3-5: Protects the homestead of a resident who is married or the head of a family from forced sale for most debts. Outside a city or town: up to 160 acres, limited to $2,500 in value but never less than 80 acres regardless of value. Inside a city or town: up to one acre, limited to $2,500 in value but never less than a quarter acre regardless of value. The homestead right also extends to a widow or widower and minor children. The exemption does NOT bar a mortgage lender from foreclosing its lien.
• A.C.A. § 16-66-210: 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.

After foreclosure sale, the purchaser may need to obtain a court order for eviction. In an unlawful-detainer (eviction) case, if the occupant does not file a written objection within 5 days (not counting Sundays and legal holidays) after being served, the court can order the clerk to issue a writ of possession right away. The federal Protecting Tenants at Foreclosure Act provides 90-day notice to bona fide tenants.

Surplus proceeds from the foreclosure sale (above the debt and costs) belong to the former owner or junior lienholders.

Generally first in time, first in right. Arkansas recording statutes govern lien priority. Property tax liens have priority over all other liens including first mortgages.

5-year statute of limitations for mortgage foreclosure actions. After a statutory (non-judicial) foreclosure sale, a deficiency judgment can be sought only within 12 months after the sale. Timing after a judicial foreclosure varies. Consult a local attorney.

• Unpaid property taxes: Property tax liens have priority over mortgage liens in Arkansas. Tax-delinquent land certified to the Commissioner of State Lands is sold by that office at public auction; anyone may redeem a certified parcel until 4 p.m. on the last business day before the sale date, and parcels cannot be redeemed on the sale date or after. A disabled veteran who submits the required letter is not charged the 10% yearly penalty when redeeming their own parcel from the Commissioner of State Lands (Act 259 of 2025); taxes, interest, costs and the other redemption requirements still apply.

Unlimited in value for the core homestead of a resident who is married or the head of a family: up to 80 acres outside a city or town, or a quarter acre inside one, is protected regardless of value. A larger homestead (up to 160 acres outside a city or town, or one acre inside one) is protected only up to $2,500 in value. The 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. Arkansas's homestead exemption has no dollar cap on the core homestead (80 acres outside a city or town, or a quarter acre inside one) for unsecured debt collection purposes. However, it provides no protection against mortgage or trust deed foreclosure. After a foreclosure where a deficiency judgment is permitted, the deficiency judgment becomes a general lien collectable against the borrower's non-exempt assets. Under a 2025 amendment (Act 679), a member of a limited liability company that owns the homestead can claim the exemption if the company's two members are a married couple, or if its only member is a natural person who is married or the head of a family.

Arkansas has Fort Chaffee/Chaffee Crossing and Little Rock Air Force Base among significant military installations. For a mortgage taken out before active duty, the federal Servicemembers Civil Relief Act (SCRA) generally bars foreclosure without a valid court order during active duty and for 12 months after it ends, and the servicemember can ask for the interest rate to be reduced to 6% for the time on active duty and one year after. Arkansas's own Soldiers' and Airmen's Civil Relief Act (Act 1003 of 2003) covers Arkansas National Guard members ordered into active service of the state by the Governor for more than 180 continuous days, and their spouses: a creditor on a mortgage the member (or a dependent) took out before that service to buy the property cannot foreclose for a missed payment or other breach during the service without a court order.

The federal exclusion for canceled debt on a main home (qualified principal residence indebtedness) applies only to debt discharged before January 1, 2026, or discharged under a written arrangement entered into before January 1, 2026.