Skip to Main Content
PROFESSIONALLAW ASSISTSaving Homes · Changing LivesNationwide Foreclosure Defense

Arkansas

Arkansas Code § 18-50-101 et seq. (Statutory Foreclosure Act). Both foreclosure state.

Get a Free Case Review
CallText
30+ Years Experience Nationwide Service Fast Response Confidential

Judicial Type

Both

Redemption

No statutory redemption after non-judicial foreclosure. For

Deficiency

Lender may pursue deficiency after judicial foreclosure. Aft

Mediation

No statewide foreclosure mediation program.

Statute Citation

Ark. Code Ann. §§ 18-50-101 to 18-50-117

Redemption Period

No statutory redemption after non-judicial foreclosure. For judicial foreclosure: 1 year if the mortgage or deed of trust does not waive redemption; however, most modern mortgages waive the judicial redemption right.

Deficiency Judgment Rule

Lender may pursue deficiency after judicial foreclosure. After non-judicial foreclosure under the Statutory Foreclosure Act, deficiency is prohibited (Ark. Code § 18-50-116) — a strong anti-deficiency protection for non-judicial foreclosures.

Notice Requirements

For non-judicial (Statutory Foreclosure Act): notice of default and intention to sell must be mailed to borrower at least 10 days before recording notice. Notice of sale recorded and published once per week for 4 consecutive weeks. Borrower must receive actual notice.

Mediation Program

No statewide foreclosure mediation program.

Key Provisions

  • Statutory Foreclosure Act allows non-judicial foreclosure with specific notice requirements
  • Judicial foreclosure also available with longer timeline and deficiency risk
  • Non-judicial foreclosure under the Act: deficiency is PROHIBITED
  • Judicial foreclosure: deficiency is permitted unless borrower defeats it
  • Sale by public auction at county courthouse
  • Trustee must be an attorney licensed in Arkansas or a title company

Homeowner Protections

  • No deficiency after non-judicial Statutory Foreclosure Act sale — very strong protection
  • Borrower receives actual notice of default and intent to sell
  • Publication and posting requirements ensure transparency
  • The choice between judicial and non-judicial gives lenders an incentive to use non-judicial (faster for them) — which triggers the anti-deficiency protection for the borrower

Frequently Asked Questions

Which foreclosure method protects me more — judicial or non-judicial in Arkansas?+
Non-judicial foreclosure under the Statutory Foreclosure Act. While non-judicial foreclosure is faster (typically 90-120 days vs. 6-12 months for judicial), the key advantage for the borrower is that deficiency judgments are PROHIBITED after a Statutory Foreclosure Act sale. After judicial foreclosure, the lender can pursue a deficiency. If your property is underwater, non-judicial foreclosure may actually result in a better outcome because the lender cannot pursue you for the deficiency. Consult a foreclosure defense attorney before making any decision.
Back to All StatesGet a Free Case Review
Free · Confidential · No Obligation

Ready to Protect Your Home?

Every day matters when facing foreclosure. Get your free, confidential consultation and learn your options — no obligation.

Get Your Free Consultation
CallText

Available Monday–Friday · 10:00 AM – 6:00 PM Pacific

Call/Text NowFree Consultation