Boone County Foreclosure Resources

Arkansas is neither exclusively one nor the other — it permits both, and Boone County follows Arkansas's dual structure. A lender may foreclose non-judicially under the Statutory Foreclosure Act, Ark. Code Ann. §§ 18-50-101 to 18-50-117, by a notice of default and intention to sell followed by a recorded and published notice of sale, with the sale conducted as a trustee sale. Or it may foreclose judicially, by filing a court action with service of process and proceeding to judgment before any sale. The path determines the timeline, the notice you receive, and — most importantly — whether a deficiency can be pursued against you afterward.

Non-judicial foreclosure under the Statutory Foreclosure Act. It is the faster path, but the borrower's protection is substantial and statutory: deficiency judgments are PROHIBITED after a sale under the Act, while after a judicial foreclosure the lender may pursue a deficiency unless the borrower defeats it. If your property is underwater — worth less than what you owe — the non-judicial path may produce a materially better financial outcome precisely because the lender cannot pursue you for the shortfall. That is a significant difference, and which path applies depends on whether the instrument and the circumstances satisfy the Act.

The sale is conducted as a trustee sale under the Statutory Foreclosure Act. Arkansas requires the trustee to be either an attorney licensed in Arkansas or a title company — that is a statutory qualification, not a private designation the lender can assign freely. The sale itself is described in Arkansas's record as a public auction at the county courthouse. Because the Act sets out the notice of default, the recording, and the once-a-week-for-four-consecutive-weeks publication requirement, a defect in any of those steps is the core of a non-judicial challenge, and it has to be raised before the sale.

On the non-judicial path the Act requires a notice of default and intention to sell mailed to you at least 10 days before the notice is recorded, followed by a notice of sale that must be recorded and published once a week for four consecutive weeks. Arkansas requires that you receive actual notice, not merely constructive notice by publication. On the judicial path you are served with process and a court case begins, which carries its own answer deadline. Confirming which notice you received — and whether it complied with the Act's requirements — is the first factual question in a Boone County case.

It depends on the path. Arkansas's record states that there is no statutory redemption after a non-judicial foreclosure under the Statutory Foreclosure Act — the sale is final. Judicial foreclosure, by contrast, carries a redemption period of one year where the mortgage or deed of trust does not waive redemption, though most modern mortgages do waive that right. Because the redemption posture turns on which path was used and on the terms of your own instrument, the recorded mortgage or deed of trust is the document that answers the question in your case, and it should be read with the notice you received.

That depends entirely on the path — and it is the most consequential difference between them. After a non-judicial foreclosure under the Statutory Foreclosure Act, a deficiency is prohibited by Ark. Code Ann. § 18-50-116. After a judicial foreclosure, the lender may pursue a deficiency unless the borrower defeats it. Because the choice of path is largely the lender's, and the Act is faster for the lender, the anti-deficiency protection that comes with the non-judicial path is the borrower's most significant statutory safeguard in Arkansas. Establishing which path was used is therefore the first step in assessing your exposure.

Federal servicing rules govern how a servicer must handle a complete loss mitigation application, including the requirement to evaluate a complete application before a referral to foreclosure and the restrictions on proceeding to sale while an application is under review. Because Arkansas's non-judicial path advances on the Act's notice and publication schedule rather than a court calendar, that track does not pause on its own for the servicer's review; the judicial path runs on the court's docket instead. Whichever path applies, the timing of your application relative to the scheduled sale date matters a great deal. If you have a pending application, treat the sale date as the operative deadline and pursue the servicer process in parallel rather than waiting for the case to stop on its own.

The Center for Arkansas Legal Services provides free legal assistance to qualifying Arkansas residents, and the Arkansas Development Finance Authority administers housing counseling and foreclosure prevention programs. HUD-approved housing counseling is available statewide. Because the outcome in an Arkansas foreclosure can turn on which path the lender used — and because the deficiency consequences differ so sharply between them — the first thing worth establishing with a counselor or attorney is which notice you received and which path it reflects.