Ark. Code Ann. § 18-49-106 (2026)

Case Notes

Applicability.

This section does not apply to a sale under a vendor's lien. Priddy & Chambers v. Smith, 106 Ark. 79, 152 S.W. 1028 (1912).

This section does not apply to a foreclosure of an equitable mortgage in the shape of an absolute deed. Lewis v. Muense, 136 Ark. 200, 206 S.W. 318 (1918).

Though a sale of land under contract to convey the same on payment of the purchase price constitutes a reservation of the legal title merely as security for the payment of the price and though equity treats this form of transaction as having same effect as a mortgage, it is not a mortgage in the strict sense of the term and does not fall within the redemption statute. Standley v. Mason, 148 Ark. 141, 229 S.W. 3 (1921).

After confirmation of a judicial sale, the possibility of redemption ceases to exist. In re Gordon, 161 B.R. 459 (Bankr. E.D. Ark. 1993).

Bankruptcy.

The right to redemption of foreclosed property within statutory period of the foreclosure was not a legal or equitable interest in property which would be included in a debtor's bankruptcy estate, and the foreclosed mortgagee could not retain possession of the property without paying the cash price of redemption. In re Pettit, 18 B.R. 816 (Bankr. E.D. Ark. 1982).

Where the corporate debtor failed to redeem the foreclosed property prior to filing a bankruptcy petition, the debtor had no legal or equitable interest in the property and such property was not bankruptcy estate property. In re Sugarloaf Props., Inc., 286 B.R. 705 (Bankr. E.D. Ark. 2002).

Chapter 13 debtor had no legal or equitable interest in a residence to include in his bankruptcy estate, as both his equitable right of redemption and his statutory right of redemption under Arkansas law had expired prior to the date he filed his bankruptcy petition. However, debtor remained in possession of the residence at the time his petition was filed, and his mere possessory interest as a tenant at sufferance, even without any accompanying legal interest, was protected by the automatic stay. Farmers Bank & Trust Co. v. Wells (In re Wells), 536 B.R. 264 (Bankr. E.D. Ark. 2015).

Cure.

The right to redeem the property under state law is not the equivalent of curing the default; under Arkansas law, cure requires a lump-sum payment. In re Gordon, 161 B.R. 459 (Bankr. E.D. Ark. 1993).

Equity of Redemption.

Independent of statute, there is in equity a right to redeem in apt time by the mortgagor or any one claiming under him. Shinn v. Barrie, 182 Ark. 366, 31 S.W.2d 540 (1930).

A clause in an option contract, in effect a mortgage, making time of the essence of the contract to repurchase foreclosed property from the mortgagee, did not dispose of the equity of redemption which can be disposed of only by foreclosure, conveyance, or laches. Baugh v. Taylor, 184 Ark. 545, 42 S.W.2d 992 (1931).

Persons Entitled to Redeem.

Where a mortgagor of land died and thereafter the mortgagee foreclosed the mortgage and bought the land, it was proper to permit the mortgagor's heir, before confirmation, to redeem the land in the absence of a waiver of the right of redemption by the mortgagor. Taylor v. Shell, 102 Ark. 649, 145 S.W. 539 (1912).

A junior mortgagee who was not a party to the foreclosure proceedings brought by the senior mortgagee may redeem by paying or tendering the whole mortgage debt. Smith v. Simpson, 129 Ark. 275, 195 S.W. 1067 (1917).

A subsequent purchaser of an undivided interest in minerals who was not made a party to the proceedings for foreclosure of a pre-existing deed of trust was not entitled to redeem the entire property from the foreclosure sale and become subrogated to the right of the purchaser at such sale where he did not make an attempt to redeem his proportionate part of the premises and the purchaser refused to apportion the debt so as to permit redemption of the subsequent purchaser's part. Rowland v. Griffin, 179 Ark. 421, 16 S.W.2d 457 (1929).

Attempted redemption by one claiming to be a partner of the original owner amounted to an equitable assignment to the person purportedly redeeming and the redemption was invalid. Wilson v. Kitchens, 218 Ark. 845, 239 S.W.2d 270, cert. denied, 342 U.S. 897, 72 S. Ct. 232, 96 L. Ed. 672 (1951).

Redemption from Mortgage.

The courts recognize the distinction between redeeming from a mortgage and the statutory right of redemption from a sale under the mortgage. In redeeming from a mortgage, it is necessary to pay what is due. Smith v. Simpson, 129 Ark. 275, 195 S.W. 1067 (1917).

Rents and Profits.

A purchaser at a mortgage sale is not entitled to recover from a mortgagor in possession the rents and profits during the period allowed for redemption. Deisch v. Moore, 97 Ark. 262, 133 S.W. 1035 (1911).

A mortgagor who is deprived of rents and profits during term of mortgage is entitled to recover rents if he redeems the instrument. Oliver v. Deffenbaugh, 166 Ark. 118, 265 S.W. 970 (1924).

Waiver.

Intention to waive right to redeem must be expressed in mortgage. Tate v. Dinsmore, 117 Ark. 412, 175 S.W. 528 (1915).

Foreclosure decree cuts off redemption where mortgage contains waiver. Wilkinson v. James, 164 Ark. 475, 262 S.W. 319 (1924).

No statutory right of redemption from mortgage foreclosure exists where mortgagor waived his right to redeem. Shinn v. Barrie, 182 Ark. 366, 31 S.W.2d 540 (1930).

The right to redemption may be waived in the mortgage or deed of trust. In re Gordon, 161 B.R. 459 (Bankr. E.D. Ark. 1993).

A waiver of the right of redemption in a mortgage contract operates as an absolute bar to a mortgagor's right to redeem within one year of sale. Dellinger v. First Nat'l Bank, 333 Ark. 460, 970 S.W.2d 223 (1998).

Cited: Handford v. Edwards, 89 Ark. 151, 115 S.W. 1143 (1909); Phillips v. Jones, 103 Ark. 550, 146 S.W. 513 (1912); Schlumpf v. Shofner, 210 Ark. 452, 196 S.W.2d 747 (1946); Buford v. Martin, 256 Ark. 31, 505 S.W.2d 489 (1974); Tim Wargo & Sons v. Equitable Life Assurance Soc'y, 34 Ark. App. 216, 809 S.W.2d 375 (1991).