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