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Foreclosure LawArkansas

Arkansas Foreclosure Process and Timeline (2026)

The Arkansas foreclosure process usually runs outside court under the Statutory Foreclosure Act and takes about 180 to 270 days from the first missed payment. The sale can come 60 days after the notice of default is recorded, but no bid below two-thirds of the debt is allowed.

Arkansas lenders can pick between a court case and a faster statutory sale, and most choose the statutory route, which places the state near the middle in a foreclosure process by state comparison. The Act works for either a mortgage or a deed of trust that contains a power of sale. Its timing rules, including the 60-day wait after recording, are in section 18-50-104 of the Arkansas Code.

On this page (9)
  1. Arkansas (AR) Foreclosure at a Glance
  2. Arkansas Foreclosure Timeline Step by Step
  3. How Long Does Foreclosure Take in Arkansas?
  4. Can You Stop an Arkansas Statutory Foreclosure?
  5. The Two-Thirds Bid Rule and Deficiency Limits
  6. After an Arkansas Foreclosure Sale
  7. FAQ

Arkansas (AR) Foreclosure at a Glance

Arkansas statutory foreclosure combines a document-heavy first letter with a floor on the sale price, and each rule below is matched to its code section.

Item Arkansas rule Rule
Usual type Statutory (non-judicial) sale under a power of sale § 18-50-104
Who can use it A bank, savings and loan or mortgage company as the Act defines it, not for mainly agricultural land § 18-50-116(c)
Typical time from first missed payment to sale 180 to 270 days Estimate from statutory minimums
Loan packet to the borrower At least 10 days before foreclosure starts § 18-50-103
Notice of default and intention to sell Recorded at least 60 days before the sale § 18-50-104(a)
Mailing of that notice Within 30 days of recording, certified and first-class § 18-50-104(c)
Newspaper notice Once a week for 4 consecutive weeks, last run within 10 days of the sale § 18-50-105
Minimum bid Two-thirds of the total debt § 18-50-107(b)
Deficiency Within 12 months, capped by fair market value § 18-50-112
Redemption after a statutory sale None created by the Act § 18-50-116(d)

Arkansas Foreclosure Timeline Step by Step

An Arkansas statutory foreclosure moves through 8 steps, starting with a loan packet and ending with a trustee’s deed. The opening wait is federal. Your servicer cannot make the first foreclosure notice or filing until the loan is more than 120 days delinquent, under 12 CFR 1024.41.

Step What happens Minimum time Rule
1. Missed payments Servicer waits until the loan is more than 120 days delinquent 120 days 12 CFR 1024.41(f)
2. Loan packet Copies of the note and mortgage, who holds the note, modification and forbearance options and a payment history At least 10 days before foreclosure starts § 18-50-103
3. Notice of default recorded Notice of default and intention to sell filed with the county recorder At least 60 days before the sale § 18-50-104(a)
4. Notice mailed Sent by certified and first-class mail to you, later lienholders and anyone who asked Within 30 days of recording § 18-50-104(c)
5. Newspaper, courthouse and online notice 4 weekly newspaper runs, a courthouse posting and an internet notice service Last run within 10 days of the sale § 18-50-105
6. Sale Public auction at the property or the courthouse front door, weekdays only 9 a.m. to 4 p.m. § 18-50-107(a)
7. Trustee’s deed Delivered to the winning bidder Within 10 days of the sale § 18-50-107(e)
8. Deficiency deadline Last day to seek a money judgment for the balance 12 months after the sale § 18-50-112

Step 2 is unusual. Under Ark. Code Ann. § 18-50-103, the lender itself must mail you copies of the note and mortgage, the name of the note holder and where the original note is kept, information on loan modification and forbearance programs and, for missed payments, a payment history showing when you defaulted. The lender cannot hand that job to its trustee or attorney. Keep the packet, because it tells you who actually owns your loan.

The notice of default in step 3 must warn, in conspicuous type, that you may lose your property if you do not act (§ 18-50-104(b)). Under § 18-50-105, the sale must also be advertised in a newspaper for 4 weeks, posted at the courthouse by a third-party provider and listed with an online foreclosure notice service.

How Long Does Foreclosure Take in Arkansas?

Arkansas foreclosures typically take 180 to 270 days from the first missed payment, tied for 12th shortest of the 51 jurisdictions by minimum time. Louisiana, Massachusetts, North Carolina, South Dakota and Virginia share the same 180-day floor.

Arkansas’s own steps need about 70 days, the 10-day packet plus 60 days from recording to sale. The 180-day floor assumes the packet goes out shortly before the federal 120-day wait ends and the notice is recorded right after it, so any gap between those steps adds time. Postponements can stretch it further. The person running the sale may postpone it from time to time, but a delay of more than 30 days past the noticed date requires a new notice under § 18-50-104 (§ 18-50-107(c)). Federal rules also stop the sale while your servicer reviews a complete loss mitigation application received more than 37 days before the sale date (12 CFR 1024.41(g)).

Most of Arkansas’s neighbours move at a similar speed. The Missouri foreclosure process starts at about 150 days, and the Oklahoma foreclosure process, which usually goes through court, starts at about 300.

Can You Stop an Arkansas Statutory Foreclosure?

Arkansas borrowers can stop a statutory foreclosure by curing the default any time after the notice is recorded and before the sale. Under Ark. Code Ann. § 18-50-114, you pay the full past-due amount without the accelerated principal, plus costs actually incurred and trustee’s and attorney’s fees.

Once you cure, the proceedings are dismissed, the loan is reinstated as if it had never been accelerated, and the lender must record a cancellation of the notice of default. The statute sets no dollar cap on fees, only that they be actually incurred, so ask for an itemized payoff in writing and check each charge.

If you think the lender broke the rules, timing is everything. Any claim that the sale did not strictly comply with the Act must be raised within 30 days of the sale, and most other claims or defenses must be raised before the sale or they are lost (§ 18-50-116(d)). A lawyer can sometimes stop a sale with a court case filed before the auction date.

The Two-Thirds Bid Rule and Deficiency Limits

Arkansas protects owners at the auction itself, because no bid under two-thirds of the total debt can be accepted at a statutory sale. The sale must also be held on a weekday between 9 a.m. and 4 p.m., at the property or at the front door of the county courthouse, under Ark. Code Ann. § 18-50-107.

That floor works together with the cap on a deficiency judgment, the court order for any debt left after the sale. Under Ark. Code Ann. § 18-50-112, the lender has 12 months to seek one, and the amount is the smaller of the debt minus the home’s fair market value or the debt minus the sale price. On a $200,000 debt where the home was worth $180,000 but sold for $140,000, the claim is limited to $20,000, not $60,000.

After an Arkansas Foreclosure Sale

After an Arkansas statutory sale the buyer is entitled to immediate possession, and nothing in the Act lets the former owner buy the home back. The trustee or lender must deliver the deed within 10 days, and the buyer can then get an ex parte writ of assistance from circuit court by filing the recorded deed, or bring an unlawful detainer case (§ 18-50-107(f)).

Section 18-50-116 says the Act does not create any implied right of redemption. Before the deed is delivered, the trustee or lender may also void the sale and refund the bidder (§ 18-50-116(e)), so buyers should not treat the gavel as final until the deed is in hand. Court foreclosures are different. Under Ark. Code Ann. § 18-49-106, an owner can redeem within 1 year of a judicial sale by paying the sale price, interest and costs, but the mortgage can waive that right in advance, so check your loan papers for a waiver clause. The full section 18-50-116 also limits the Act to banks, savings and loans and mortgage companies, so other lenders cannot use the statutory sale.

For homes lost over unpaid property taxes, the rules for Arkansas tax-delinquent property sales apply instead.

FAQ

How Long Does Foreclosure Take in Arkansas?

Most Arkansas foreclosures take about 180 to 270 days from the first missed payment to the sale. Federal rules add a 120-day wait, and the Statutory Foreclosure Act then needs at least 60 days between recording the notice of default and the auction, after a loan packet sent at least 10 days earlier.

Can I Catch Up and Stop an Arkansas Foreclosure?

Yes, Arkansas lets you cure at any time after the notice of default is recorded and before the sale by paying the past-due amount plus actual costs and trustee’s and attorney’s fees. Once you cure, the foreclosure is dismissed and the loan continues as if it had never been accelerated.

Is There a Minimum Bid at an Arkansas Foreclosure Sale?

Yes, at a statutory foreclosure sale no bid under two-thirds of the total debt on the sale date can be accepted. On a $210,000 debt, the lowest acceptable bid is $140,000.

Can I Buy Back My Home After an Arkansas Foreclosure?

Not after a statutory sale, because the Act creates no right of redemption. After a court-ordered judicial sale, the owner can redeem within 1 year, unless the mortgage or deed of trust waived that right in advance.

Sources

  1. Ark. Code Ann. § 18-50-104. Justia, 2025 Arkansas Code. https://law.justia.com/codes/arkansas/title-18/subtitle-4/chapter-50/section-18-50-104/
  2. 12 CFR 1024.41, Loss Mitigation Procedures. Consumer Financial Protection Bureau. https://www.consumerfinance.gov/rules-policy/regulations/1024/41/
  3. Ark. Code Ann. § 18-50-103. Justia, 2025 Arkansas Code. https://law.justia.com/codes/arkansas/title-18/subtitle-4/chapter-50/section-18-50-103/
  4. Ark. Code Ann. § 18-50-105. Justia, 2025 Arkansas Code. https://law.justia.com/codes/arkansas/title-18/subtitle-4/chapter-50/section-18-50-105/
  5. Ark. Code Ann. § 18-50-114. Justia, 2025 Arkansas Code. https://law.justia.com/codes/arkansas/title-18/subtitle-4/chapter-50/section-18-50-114/
  6. Ark. Code Ann. § 18-50-107. Justia, 2025 Arkansas Code. https://law.justia.com/codes/arkansas/title-18/subtitle-4/chapter-50/section-18-50-107/
  7. Ark. Code Ann. § 18-50-112. Justia, 2025 Arkansas Code. https://law.justia.com/codes/arkansas/title-18/subtitle-4/chapter-50/section-18-50-112/
  8. Ark. Code Ann. § 18-49-106. Justia, 2025 Arkansas Code. https://law.justia.com/codes/arkansas/title-18/subtitle-4/chapter-49/section-18-49-106/
  9. Ark. Code Ann. § 18-50-116. Justia, 2025 Arkansas Code. https://law.justia.com/codes/arkansas/title-18/subtitle-4/chapter-50/section-18-50-116/

This page explains the general process and is not legal advice. Rules change and courts interpret them, so confirm with an Arkansas real-estate attorney before acting.