In short
Most Arkansas mortgage foreclosures can run without a court under the Statutory Foreclosure Act of 1987 (Ark. Code Title 18, Chapter 50). The lender must record a notice of default and intention to sell, and the sale cannot take place until at least 60 days after recording (Ark. Code § 18-50-104, as amended by Act 885 of 2011). The Act creates no right of redemption after the sale (§ 18-50-116, as amended by Act 1108 of 2021).
Judicial or non-judicial?
Both exist. A lender may sue in court, because the statutory procedure “shall not impair or otherwise affect the right to bring a judicial action to foreclose” (§ 18-50-116(a)). The non-judicial route applies only if the mortgagee is a mortgage company, a bank or a savings and loan, and it does not apply to a mortgage on property used primarily for agriculture (§ 18-50-116(c)).
A caution on my sources: Arkansas publishes its current Code only through a commercial database that I could not open. The steps below come from the text of Acts passed by the legislature, which reproduce the sections they amended: Act 885 of 2011 and Act 1108 of 2021. Later amendments could have changed details, so confirm the current wording with the trustee, your attorney or a housing counselor before relying on a date.
Timeline step by step
| Step | What the law says | Source |
|---|---|---|
| 1. Pre-foreclosure packet | At least 10 days before starting, the lender must mail the borrower copies of the note and mortgage, the holder’s name and the note’s location, information on loan-modification and forbearance programs, and, for a payment default, a payment history | § 18-50-103 (Act 885) |
| 2. Notice of default recorded | The lender or trustee records a notice with the county recorder. It must name the parties, describe the property, state the default, and carry in conspicuous type: “YOU MAY LOSE YOUR PROPERTY IF YOU DO NOT TAKE IMMEDIATE ACTION” | § 18-50-104 (Act 885) |
| 3. Notice mailed | Within 30 days of recording, by certified and first class mail, to the borrower, successors in interest, junior lienholders of record and anyone who requested notice | § 18-50-104 (Act 885) |
| 4. Waiting period | No sale until 60 days after recording | § 18-50-104 (Act 885) |
| 5. Loan-modification certification | If a borrower applied for help and was turned down, the lender must certify that and mail notice at least 10 business days before the sale | § 18-50-104 (Act 885) |
| 6. Sale | Public auction, 9:00 a.m. to 4:00 p.m., on a weekday that is not a holiday, at the property or the front door of the county courthouse, run by a third-party auctioneer | § 18-50-107 (Act 885) |
| 7. Deed | Trustee’s or mortgagee’s deed delivered to the buyer within 10 days of the sale | § 18-50-107 (Act 885) |
| 8. Possession | Buyer may get a writ of assistance from circuit court or sue for forcible entry and detainer | § 18-50-107 (Act 885) |
Other sections of the chapter, including how the notice of sale is advertised, are outside what I could read. The bid rules in step 6 add that no bid may be accepted below two-thirds of the entire debt due on the sale date, and that a sale postponed more than 30 days beyond the noticed date needs fresh notice.
Right of redemption
Arkansas statutory foreclosure gives a borrower no redemption period after the sale. The law says nothing in the chapter should be read to “create an implied right of redemption in favor of any person” (§ 18-50-116(d)(1)). The practical window to act is before the sale. Ask the trustee or lender in writing what it would take to bring the loan current, because the sections I read do not set a reinstatement formula.
Challenging a sale
A borrower may assert fraud or the lender’s failure to strictly comply with the chapter, but a claim for failure to comply must be asserted within 30 days of the foreclosure sale (§ 18-50-116(d)(2), as amended in 2021). These claims cannot be asserted against a later purchaser for value. Other claims or defenses must generally be raised before the sale. Talk to an attorney quickly if you think a step was skipped; see when to hire an Arkansas real estate attorney.
Deficiency judgments
The texts I read do not address whether a lender can pursue a borrower for the balance after the sale. The statute does credit the lender’s bid for unpaid principal, interest, advances and costs (§ 18-50-107). If you owe more than the home sells for, ask an attorney about your exposure.
Help for homeowners in default
- Federal servicing rules. Under Regulation X, a servicer may make the first foreclosure filing only when the loan is more than 120 days delinquent, among other conditions (12 CFR 1024.41(f)). A complete loss-mitigation application received more than 37 days before a sale triggers limits on moving to judgment or conducting the sale (12 CFR 1024.41(g)).
- HUD-approved housing counseling, free: (800) 569-4287 (HUD Arkansas page). The same page lists Arkansas Legal Services at (888) 540-2941 and Legal Aid of Arkansas at (800) 952-9243.
- Scams. The Arkansas Attorney General warns that charging fees before delivering services in foreclosure rescue “violates Arkansas law” in most cases, and lists red flags such as guarantees to stop foreclosure and advice to stop paying your lender. Questions about a rescue company can go to the Arkansas Securities Department at (501) 324-9260.
- State housing agency. I could not confirm any current Arkansas Development Finance Authority foreclosure-assistance program on its site; contact ADFA directly to ask.
For costs and steps if you sell before the auction, see Arkansas closing costs and home-buying steps.
Frequently asked questions
Does Arkansas require a court to foreclose?
No. The Statutory Foreclosure Act lets a bank, savings and loan or mortgage company sell through a trustee after recording a notice. Judicial foreclosure is still available (§ 18-50-116(a)).
How long does an Arkansas foreclosure take?
The earliest sale date is 60 days after the notice of default is recorded (§ 18-50-104). The total time depends on the lender, any loss-mitigation review and any challenge.
Can I get my home back after the auction?
The Act creates no right of redemption (§ 18-50-116(d)(1)). A claim that the lender did not strictly follow the chapter must be raised within 30 days of the sale.
Will I be notified before the sale?
Yes. The notice of default must be mailed by certified and first class mail within 30 days of recording, and the pre-foreclosure packet must go out at least 10 days before the foreclosure starts.
Where can I get free help?
Call a HUD-approved housing counselor at (800) 569-4287, or a legal aid office. Avoid anyone who charges up-front fees to stop a foreclosure.
Compare with the other states: Foreclosure by state.
More Arkansas guides
- Closing costs in Arkansas: what buyers and sellers pay
- Real estate transfer tax in Arkansas: rate and exemptions
- Property tax in Arkansas: rates, caps and homestead credit
- Seller disclosure requirements in Arkansas
- Do you need a real estate attorney to close in Arkansas?
- Home prices in Arkansas and Little Rock: median value, trend
- First-time home buyer programs in Arkansas (ADFA, Little Rock)
- How to verify a real estate license in Arkansas
Sources
- Act 885 of 2011, amending Ark. Code §§ 18-50-101, -103, -104 and -107 (Arkansas General Assembly) (consulted October 13, 2026)
- Act 1108 of 2021, amending Ark. Code § 18-50-116 (Arkansas General Assembly) (consulted October 13, 2026)
- 12 CFR 1024.41, Loss mitigation procedures (Consumer Financial Protection Bureau) (consulted October 13, 2026)
- Foreclosure rescue and loan modification scams (Arkansas Attorney General) (consulted October 13, 2026)
- Arkansas homepage, foreclosure help and legal aid (U.S. Department of Housing and Urban Development) (consulted October 13, 2026)