Sixty Days, and Then No Redemption at All

Key takeaways

A trustee or mortgagee may not sell until a duly acknowledged notice of default and intention to sell is recorded with the county recorder and 'a period of at least sixty (60) days has elapsed since the recording' (Ark. Code 18-50-104(a)).
A sale 'shall terminate all rights of redemption, and no person shall have a right to redeem the trust property after a sale' (Ark. Code 18-50-108(b)). There is no post-sale window.
At least 10 days before initiating, the lender must mail the borrower a copy of the note with all required endorsements, the mortgage or deed of trust, the name of the holder and the physical location of the original note (Ark. Code 18-50-103).
A deficiency may be sought within 12 months of the sale, and judgment is capped by reference to the property's fair market value at the date of sale (Ark. Code 18-50-112).

Program and regulatory figures verified September 15, 2026. Details change; confirm your scenario with us.

By Mike Certo, Cornerstone First Mortgage · NMLS #260555 · Updated September 15, 2026

Investors compare states on yield and almost never on how a problem ends. Arkansas ends one faster and more completely than almost anywhere we lend, and it does it in statutes short enough to read yourself.

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It happens outside a courtroom

Arkansas foreclosures for banks, savings and loans and mortgage companies run under the Statutory Foreclosure Act, Ark. Code 18-50-101 through -118, rather than as a lawsuit. That is the first difference from a judicial state, and it is the one that sets the pace.

The clock

Section 18-50-104 sets the prerequisites. The mortgagee, trustee or beneficiary records a duly acknowledged notice of default and intention to sell with the recorder of the county where the property sits, and then at least 60 days must elapse before a sale. Section 18-50-103 adds a disclosure step at the front: at least 10 days before initiating, the borrower gets a copy of the note with all required endorsements, the mortgage or deed of trust, the name of the holder, and the physical location of the original note.

The sale is specified unusually tightly

Section 18-50-107 requires the sale to be held between 9:00 a.m. and 4:00 p.m., at the property or at the front door of the county courthouse, and never on a Saturday, Sunday or legal holiday. Anyone may bid, including the mortgagee, and a trustee may bid for the beneficiary but not for himself. Arkansas also requires the mortgagee or trustee to engage a third party licensed both as a real estate agent and as an auctioneer to conduct the sale, which is not a common requirement.

And then it is finished

This is the sentence worth knowing. Under section 18-50-108(b), a sale terminates all rights of redemption and no person has a right to redeem the property afterward. There is no equivalent of the post-sale window that several states give. A deficiency remains available for 12 months under section 18-50-112, and the statute caps the judgment by reference to the property's fair market value at the date of sale, so the borrower is not exposed to an artificially low sale price.

Why a lender puts this on a marketing site

Because it prices the loan, and because the comparison is usually made with the wrong number. If you are weighing Arkansas against a judicial state, weigh the actual mechanics rather than a general impression. This is background for underwriting, not legal advice, and we are lenders rather than lawyers. For a specific Arkansas matter, talk to an Arkansas real estate attorney. Our side of it is the loan.

Mike Certo · NMLS #260555 · Cornerstone First Mortgage NMLS #173855 · Equal Housing Lender. Educational content, not a loan commitment and not legal or tax advice. County assessments, millage and reappraisal cycles change, and the figures here carry the date we verified them. Confirm current requirements with the county assessor, your CPA, or an Arkansas real estate attorney before you buy. Loans are subject to buyer and property qualification.