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State lawVerified Sep 23, 2026Notices, the sale and your chance to catch up

Right to a recorded notice of default at least 60 days before a statutory foreclosure sale

Ark. Code Ann. § 18-50-104

In plain words

Under Arkansas’s Statutory Foreclosure Act, a sale can happen only after at least 60 days have passed since the notice of default and intention to sell was recorded. The notice must be mailed to you, and the sale must be advertised before it happens.

Who is protected

Arkansas mortgagors and grantors in a statutory (nonjudicial) foreclosure.

When it applies

  • Only in Arkansas.
  • Only after a notice of default or once a sale date is set.
Check whether it applies to you

What you can do

  • Put the deadline on your calendar

    Mark the recording date and the sale date.

    Deadline: The sale date — at least 60 days after the notice was recorded

    Open the tool
  • Read the Arkansas guide

    Our Arkansas page explains the whole process step by step, with its sources and free local help.

    Open the tool

Honest limits

  • This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.

The law

  1. State lawPrerequisites for foreclosure sale; notice

    Ark. Code Ann. § 18-50-104

    What it says: At least 60 days must pass after the notice of default and intention to sell is recorded.

    Read the official text

Court cases

  • Homeowner lostSame topic
    Boren v. U.S. National Bank Ass'n

    Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)

    a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period

  • Homeowner lostSame topic
    Martins v. BAC Home Loans Servicing, L.P.

    Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)

    a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable

  • Partial winSame topic
    Reinagel v. Deutsche Bank National Trust Co.

    Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)

    a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable

  • Partial winSame topic
    Culhane v. Aurora Loan Services

    Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)

    a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful

  • Homeowner wonSame topic
    Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.

    Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)

    the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires

  • Homeowner lostSame topic
    Whittier v. Ocwen Loan Servicing, L.L.C.

    Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)

    a RESPA claim against a servicer fails without evidence of actual damages caused by the violation

Related rights

State lawVerified Sep 23, 2026

Right to cure the default any time before the sale

Ark. Code Ann. § 18-50-114

In an Arkansas statutory foreclosure, you can cure the default at any time after the notice of default is recorded and before the sale. You pay the amount then due (not the part of the loan that would not be due without the default), plus actual costs and trustee’s and attorney’s fees.

Read this right
U.S. ConstitutionVerified Sep 23, 2026

The right to be heard in court, and to speak for yourself

U.S. Const. amend. XIV, § 1Due Process Clause

Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.

Read this right
U.S. ConstitutionVerified Sep 23, 2026

The right to real notice before the government takes or sells your home

U.S. Const. amend. XIV, § 1Due Process Clause

Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.

Read this right
Federal lawVerified Sep 23, 2026

The automatic stay: filing bankruptcy pauses most collection

11 U.S.C. § 362(a)

When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.

Read this right
Federal lawVerified Sep 23, 2026

Chapter 13: catch up on missed mortgage payments over time

11 U.S.C. § 1322(b)(5)

In a Chapter 13 bankruptcy, a plan can let you catch up on missed mortgage payments over a reasonable time (often 3 to 5 years) while you keep paying the regular monthly payment. For your main home, you can use this cure until the home is sold at a foreclosure sale held under state law.

Read this right
Federal lawVerified Sep 23, 2026

No lies or misleading claims by debt collectors

15 U.S.C. § 1692e

A debt collector may not lie or mislead you. It cannot misstate how much you owe, pretend to be a lawyer or government official, or threaten something it cannot legally do or does not intend to do. It also cannot report credit information it knows is false, or fail to say a debt is disputed.

Read this right