Arkansas Foreclosure Laws: Process, Timeline and Your Rights
Arkansas foreclosure rules: judicial or non-judicial, required notices, time frames, right to cure, redemption period, deficiency judgments, HOA liens and help for homeowners.
Quick answers for Arkansas
- Judicial or non-judicial
- Both. Arkansas allows court (judicial) foreclosure, and its Statutory Foreclosure Act also allows a non-judicial sale by a trustee or mortgagee after recording a notice of default and intention to sell. Ark. Code Ann. §§ 18-50-103, 18-50-104, 18-50-116
- Time frames set by law
- In a non-judicial foreclosure, at least 60 days must pass after the notice of default and intention to sell is recorded before the property may be sold. Ark. Code Ann. §§ 18-50-103, 18-50-104(a)(2)
- Redemption after the sale
- After a non-judicial sale under the Statutory Foreclosure Act, there is no right of redemption. After a court-ordered foreclosure sale, the borrower (or heirs) may redeem within one year from the sale by paying the sale price with interest and the costs of foreclosure and sale, unless… Ark. Code Ann. §§ 18-50-108(b), 18-49-106
- Deficiency judgments
- Limited after a non-judicial sale. The lender must sue within 12 months after the sale and prove the debt, the sale price and the property's fair market value. Ark. Code Ann. § 18-50-112
Last verified: 2026-10-27
How foreclosure works
| Judicial or non-judicial | Both. Arkansas allows court (judicial) foreclosure, and its Statutory Foreclosure Act also allows a non-judicial sale by a trustee or mortgagee after recording a notice of default and intention to sell. The non-judicial procedure is available only when the lender is a mortgage company, bank or savings and loan, does not apply to property used primarily for agriculture, and does not affect the right to foreclose in court. The statutes do not say which method is more common. |
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| Required notices | Before starting a non-judicial foreclosure, the lender must mail the borrower, at least 10 days in advance, copies of the note and mortgage, the note holder's name and the note's location, information on available loan modification or forbearance programs, and (for payment defaults) a payment history. The lender must then record a notice of default and intention to sell, including the warning "YOU MAY LOSE YOUR PROPERTY IF YOU DO NOT TAKE IMMEDIATE ACTION," and mail it by certified and first-class mail within 30 days of recording to the borrower, successors and junior lienholders. The sale notice must be published once a week for four consecutive weeks (the last no more than 10 days before the sale), posted at the courthouse, and listed with an online foreclosure-notice service. Borrowers who applied for loan modification or forbearance must be told they do not qualify at least 10 business days before the sale. |
| Time frames set by law | In a non-judicial foreclosure, at least 60 days must pass after the notice of default and intention to sell is recorded before the property may be sold. The borrower information packet must be mailed at least 10 days before the foreclosure is started. |
| Right to catch up (reinstate) | Yes, in a non-judicial foreclosure. After the notice of default is recorded and before the sale, the borrower may cure by paying the entire amount then due (not principal that would not be due without the default) plus costs actually incurred and trustee's and attorney's fees. The foreclosure is then dismissed and the loan is reinstated as if no acceleration had occurred. Source: Ark. Code Ann. § 18-50-114 |
After the sale
| Redemption after the sale | After a non-judicial sale under the Statutory Foreclosure Act, there is no right of redemption. After a court-ordered foreclosure sale, the borrower (or heirs) may redeem within one year from the sale by paying the sale price with interest and the costs of foreclosure and sale, unless the borrower waived redemption in the mortgage or deed of trust. |
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| Deficiency judgments | Limited after a non-judicial sale. The lender must sue within 12 months after the sale and prove the debt, the sale price and the property's fair market value. The judgment cannot exceed the lesser of the debt (with interest, costs and fees) minus the fair market value, or the debt minus the sale price. Source: Ark. Code Ann. § 18-50-112 |
HOAs, taxes and selling
| Property tax sales | Tax-delinquent land is certified to the Commissioner of State Lands, who must notify the owner by certified mail of the right to redeem by paying all taxes, penalties, interest and costs. The notice must say the land will be sold if not redeemed before the sale date, and the sale date may be no earlier than one year after the land is certified to the Commissioner. Source: Ark. Code Ann. § 26-37-301 |
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Getting help
| Free help for homeowners | The Arkansas Attorney General advises homeowners to contact their servicer right away about loan modification options and to get free help from a HUD-certified housing counselor, through HUD at (800) 569-4287 or the Homeowner's HOPE hotline at (888) 995-HOPE (4673). It warns against paying up-front fees to foreclosure rescue firms. |
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Foreclosure & Homeowner Law FAQ
Is Arkansas a judicial or non-judicial foreclosure state?
Both. Arkansas allows court (judicial) foreclosure, and its Statutory Foreclosure Act also allows a non-judicial sale by a trustee or mortgagee after recording a notice of default and intention to sell. The non-judicial procedure is available only when the lender is a mortgage company, bank or savings and loan, does not apply to property used primarily for agriculture, and does not affect the right to foreclose in court.
What notice is required before a foreclosure sale in Arkansas?
Before starting a non-judicial foreclosure, the lender must mail the borrower, at least 10 days in advance, copies of the note and mortgage, the note holder's name and the note's location, information on available loan modification or forbearance programs, and (for payment defaults) a payment history. The lender must then record a notice of default and intention to sell, including the warning "YOU MAY LOSE YOUR PROPERTY IF YOU DO NOT TAKE IMMEDIATE ACTION," and mail it by certified and first-class mail within 30 days of recording to the borrower, successors and junior lienholders. The sale notice must be published once a week for four consecutive weeks (the last no more than 10 days before the sale), posted at the courthouse, and listed with an online foreclosure-notice service. Borrowers who applied for loan modification or forbearance must be told they do not qualify at least 10 business days before the sale.
How long does foreclosure take in Arkansas?
In a non-judicial foreclosure, at least 60 days must pass after the notice of default and intention to sell is recorded before the property may be sold. The borrower information packet must be mailed at least 10 days before the foreclosure is started.
Can you stop a foreclosure by catching up on payments in Arkansas?
Yes, in a non-judicial foreclosure. After the notice of default is recorded and before the sale, the borrower may cure by paying the entire amount then due (not principal that would not be due without the default) plus costs actually incurred and trustee's and attorney's fees. The foreclosure is then dismissed and the loan is reinstated as if no acceleration had occurred.
Is there a right of redemption after foreclosure in Arkansas?
After a non-judicial sale under the Statutory Foreclosure Act, there is no right of redemption. After a court-ordered foreclosure sale, the borrower (or heirs) may redeem within one year from the sale by paying the sale price with interest and the costs of foreclosure and sale, unless the borrower waived redemption in the mortgage or deed of trust.
Can the lender come after you for the rest of the loan after foreclosure in Arkansas?
Limited after a non-judicial sale. The lender must sue within 12 months after the sale and prove the debt, the sale price and the property's fair market value. The judgment cannot exceed the lesser of the debt (with interest, costs and fees) minus the fair market value, or the debt minus the sale price.
How do you get your home back after a tax sale in Arkansas?
Tax-delinquent land is certified to the Commissioner of State Lands, who must notify the owner by certified mail of the right to redeem by paying all taxes, penalties, interest and costs. The notice must say the land will be sold if not redeemed before the sale date, and the sale date may be no earlier than one year after the land is certified to the Commissioner.
Where can homeowners get free foreclosure help in Arkansas?
The Arkansas Attorney General advises homeowners to contact their servicer right away about loan modification options and to get free help from a HUD-certified housing counselor, through HUD at (800) 569-4287 or the Homeowner's HOPE hotline at (888) 995-HOPE (4673). It warns against paying up-front fees to foreclosure rescue firms.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.