State Foreclosure Law

Arkansas Foreclosure Laws

Arkansas offers both non-judicial (trust deed, Act 53 of 1987 codified at A.C.A. § 18-50-101 et seq.) and judicial (A.C.A. § 18-49-101 et seq.) foreclosure. Non-judicial is the dominant track for residential foreclosures.

Process

Non-Judicial

Out of court, under a power of sale §

Foreclosure Length

Varies

Depends on the case

Homestead Exemption

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

Automatic · the rule §

Deficiency Judgment

Limited

Allowed (with limitations) §

36 source pages cited · Last checked Mar 10, 2026

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 — readers should confirm current statute text and consult a Arkansas-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the Arkansas foreclosure guide →

On this page

01 Governing statutes
02 Foreclosure process and your rights
03 Special foreclosure types
04 Lien priority
05 Statute of limitations
06 Probate & inheritance
07 Consumer protection & compliance
08 Legal aid & pro bono resources
09 Find help in Arkansas
10 National foreclosure guides
11 Arkansas distress data

Governing Statutes

Citation	Title	Covers
A.C.A. § 18-50-101 et seq.	Non-Judicial Foreclosure of Trust Deeds and Mortgages (Act 53 of 1987)	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	Deficiency After Non-Judicial Sale	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.	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) 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	Homestead Exemption (Constitutional)	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	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.

Arkansas Foreclosure Process and Your Rights

Arkansas uses non-judicial foreclosure. State law does not set one typical length from the first notice to the sale. §

Paying to stop the foreclosure: Under the non-judicial track, the borrower can cure the default and stop the foreclosure at any time after the Notice of Default is recorded and before the trustee's sale, by paying the entire amount then due, including costs and expenses actually incurred and trustee's and attorney's fees, but not principal that is due only because the loan was accelerated. Federal CFPB rules provide additional cure opportunities before the notice of default is issued. §
After the sale: No post-sale redemption after a statutory (non-judicial) sale; after a court-ordered (judicial) foreclosure sale, the borrower can redeem within one year unless the mortgage or deed of trust waived that right. §
Homestead exemption: 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. §
Mediation: Arkansas does not have a statewide foreclosure mediation program.

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full Arkansas foreclosure guide →

Special Foreclosure Types in Arkansas

Beyond the standard non-judicial foreclosure process, Arkansas law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure

Under Arkansas's Horizontal Property Act, as amended by Act 516 of 2025, when a condominium unit is sold or conveyed, unpaid assessments must first be paid out of the sale price or by the buyer, ahead of other charges except past-due property taxes and payments due under recorded mortgages. §

Act 516 applies to condominium regimes organized on or after September 1, 2025; older regimes can opt in by amending the master deed and filing reorganization documents.

Tax Lien Foreclosure

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.

Lien Priority in Arkansas

Generally first in time, first in right. Arkansas recording statutes govern lien priority.

Consult a local attorney for specific lien priority questions.

Statute of Limitations in Arkansas

Mortgage Foreclosure

5 years

5-year statute of limitations for mortgage foreclosure actions.

Written Contracts

5 years §

Promissory Note

5 years §

Deficiency Judgment

Varies §

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.

Probate & Inheritance in Arkansas

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. Arkansas law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies

State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.

Notification to Estate

The lender must notify the estate or personal representative before proceeding.

Foreclosure must be served on the estate or personal representative of a deceased borrower.

Heir Protections

Heirs who inherit and occupy the property as a primary residence may qualify as successors in interest under 12 CFR 1024.31 and apply for loss mitigation.

Executor Reinstatement Rights

The executor or personal representative may reinstate the mortgage by curing the default.

Garn-St. Germain Act

Due-on-sale clause may not be enforced against heirs inheriting and occupying the property as a primary residence under Garn-St Germain, 12 U.S.C. 1701j-3.

Uniform Partition of Heirs Property Act (UPHPA)

Not adopted in this state.

Consumer Protection & Compliance in Arkansas

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in Arkansas.

UDAP Statute

Arkansas Consumer Protection Act

Arkansas consumer protection statute applies to deceptive mortgage practices and foreclosure rescue fraud.

Foreclosure Rescue Fraud Laws

General consumer protection laws apply to foreclosure rescue fraud in Arkansas.

Federal FTC Act and CFPB enforcement also apply.

Attorney Advertising Rules

Arkansas Rules of Professional Conduct govern attorney advertising and solicitation.

Lead Generation Restrictions

No Arkansas-specific lead generation statute for foreclosure defense identified beyond professional conduct rules.

Barratry

Barratry statutes apply. Solicitation of foreclosure-related legal work is restricted.

Arkansas professional conduct rules prohibit in-person solicitation of prospective clients in vulnerable circumstances.

Legal Aid & Pro Bono Resources in Arkansas

⚖

Legal Aid of Arkansas

Free civil legal services for low-income Arkansans, including housing and foreclosure defense.
arlegalaid.org →
⚖

Center for Arkansas Legal Services

Legal Aid of Arkansas has assumed responsibility for the 44 counties this organization previously served.
arlegalaid.org →
🏠

HUD-Approved Housing Counselors

Free, federally funded housing counseling agencies in Arkansas. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
Find a counselor in Arkansas →
📞

HUD Housing Counseling Hotline

Free foreclosure prevention counseling.
1-800-569-4287 →
📞

Arkansas Attorney General Consumer Protection

Report mortgage fraud and consumer protection violations.
1-800-482-8982 →
📋

Arkansas Bar Association Lawyer Referral

State bar lawyer referral service.
arkbar.com →

Find Help in Arkansas

We maintain a verified directory of free and low-cost help providers in Arkansas. All are government-approved or federally funded.

13 HUD-approved housing counselors Free foreclosure prevention counseling 1 Legal aid offices Free legal representation for qualifying homeowners 46 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 53 Debtor education providers Required post-filing debtor education courses

Browse all 113 providers in Arkansas →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including Arkansas.

Facing Foreclosure?

Overview of the process, available options, and free help resources

How to Stop Foreclosure

Immediate options — 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?

Options for borrowers who have missed or expect to miss a payment

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

National foreclosure filings. Arkansas mainly uses non-judicial foreclosure (trustee's sales outside court).

FHA mortgage delinquency

FHA delinquency rate

Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.

Foreclosure volume

Foreclosure starts & completions

Monthly foreclosure starts and completions from ATTOM Data Solutions.

Newly late mortgages

Current to 30 days late

Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).