Ark. Code Ann. » Title 18 Chapter 50
Arkansas Code Annotated

Ark. Code Ann. § 18-50-102 (2026)

Parties authorized to foreclose mortgage or deed of trust

✓ current as of May 2026
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  1. Parties authorized to foreclose a mortgage or deed of trust under this chapter are limited to:
    1. A trustee or attorney-in-fact who is an active licensed member of the Bar of the Supreme Court of the State of Arkansas or a law firm among whose members includes such an attorney if the attorney or law firm maintains an office that:
      1. Is located within this state;
      2. Is accessible to the public during regular business hours; and
      3. Has the ability to accept funds from a grantor, mortgagor, or obligor to reinstate or pay off a mortgage or deed of trust;
    2. A state-chartered bank, nationally chartered bank, state-chartered or federally chartered savings and loan association, state-chartered or federally chartered credit union, or a mortgage loan company subject to licensing, supervision, and auditing by a federal agency, a government-sponsored enterprise, and the Bank Commissioner or Securities Commissioner, as applicable, as an approved mortgage loan servicer authorized to do business under the laws of the State of Arkansas if the state-chartered bank, nationally chartered bank, state-chartered or federally chartered savings and loan association, state-chartered or federally chartered credit union, or mortgage loan company:
      1. Has a physical business location open for business for normal banking hours located within the State of Arkansas;
      2. Is either the holder or the mortgage loan servicer for the holder of a note secured by a mortgage or deed of trust; and
      3. Does not collect a fee or cost for any action taken under this chapter unless authorized by a court order; or
    3. An agency or authority of the State of Arkansas where not otherwise prohibited by law.
    1. The beneficiary may appoint a successor trustee at any time by filing a substitution of trustee for record with the recorder of the county in which the trust property is situated.
    2. The new trustee shall succeed to all the power, duties, authority, and title of the original trustee and any previous successor trustee.
    3. The beneficiary, by express provision in the substitution of a trustee, may ratify and confirm actions taken on its behalf by the new trustee prior to the recording of the substitution of the trustee.
  3. The substitution shall identify the deed of trust by stating the names of the original parties thereto, the date of recordation, and the book and page where recorded or the recorder's document number. The substitution shall also state the name of the new trustee and shall be executed and duly acknowledged by all the beneficiaries or their successors in interest.
  4. A mortgagee may delegate his or her powers and duties under this chapter to an attorney-in-fact, whose acts shall be done in the name of and on behalf of the mortgagee.
  5. The appointment of an attorney-in-fact by a mortgagee shall be made by a duly executed, acknowledged, and recorded power of attorney that shall identify the mortgage by stating the names of the original parties thereto, the date of recordation, and the book and page where recorded or the recorder's document number.
  6. A substitution of trustee or power of attorney shall be recorded before any trustee's or mortgagee's deed executed by the substituted trustee or attorney-in-fact is recorded.

History. Acts 1987, No. 53, § 2; 1989, No. 532, § 2; 1999, No. 983, § 2; 2003, No. 1303, § 2; 2011, No. 901, § 2.

Amendments. The 1999 amendment rewrote (b); and added (d)-(f).

The 2003 amendment rewrote (a)(3).

The 2011 amendment rewrote (a); and deleted the former last sentence in (d).

Research References

Ark. L. Rev.

Dale A. Whitman & Drew Milner, Symposium Article: Foreclosing on Nothing: The Curious Problem of the Deed of Trust Foreclosure Without Entitlement to Enforce the Note, 66 Ark. L. Rev. 21 (2013).

Lynn Foster, Symposium Article: Statutory Foreclosures in Arkansas: The Law and Recent Developments, 66 Ark. L. Rev. 111 (2013).

Emily C. Goins, Case Note: Foreign Corporation Registration and the Ability to Perform Non-Judicial Foreclosures in Arkansas in Light of JPMorgan Chase Bank v. Johnson, 67 Ark. L. Rev. 435 (2014).

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Property Law, Statutory Foreclosure Law, 26 U. Ark. Little Rock L. Rev. 459.

Case Notes

In General.

Arkansas Statutory Foreclosure Act in subdivision (a)(2) of this section provides that a bank may be authorized to do business in Arkansas either by state or federal law; the Wingo Act, § 4-27-1501 et seq., specifies that a foreign corporation may obtain authority to transact business in Arkansas by obtaining a certificate from the Arkansas Secretary of State; and the Arkansas banking statutes provide that in some instances an out-of-state bank must obtain a certificate from the Arkansas Bank Commissioner. JPMorgan Chase Bank, N.A. v. Johnson, 470 B.R. 829 (E.D. Ark. 2012), aff'd, 719 F.3d 1010 (8th Cir. 2013).

Mortgagees.

National banking association was authorized to avail itself of the Arkansas Statutory Foreclosure Act even though it was not registered with the Arkansas Secretary of State where it was chartered by the Office of the Comptroller of the Currency, and as such, it was authorized to do business within the state by virtue of § 18-50-117. JPMorgan Chase Bank, N.A. v. Johnson, 470 B.R. 829 (E.D. Ark. 2012), aff'd, 719 F.3d 1010 (8th Cir. 2013).

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 2011–2023 · leading case: Dickinson v. Suntrust Nat'l Mortg. Inc., 2014 Ark. 513 (Ark. 2014).
Sort: Relevance Newest Treatment
Dickinson v. Suntrust Nat'l Mortg. Inc., 2014 Ark. 513 (Ark. 2014). · cites it 40× “Section 18-50-102(a)(2) allows an entity to be a trustee under the Statutory Foreclosure Act if the trustee is authorized to do business under the laws of the United States. The Dickinsons, however, argue that authorization to do business under the laws of the United States is…”
In Re Johnson, 460 B.R. 234 (Bankr. E.D. Ark. 2011). · cites it 26× “§ 18-50-117 , and nothing in Ark.Code Ann. § 18-50-102, the Wingo Act, or the National Banking Act allowed it to conduct those proceedings without meeting that requirement.”
JPMorgan Chase Bank, N.A. v. Johnson, 470 B.R. 829 (E.D. Ark. 2012). · cites it 10× “Another section of the Statutory Foreclosure Act, Ark.Code Ann. § 18-50-102, specifies the entities and persons who can serve as trustees under the Act.”
JPMorgan Chase Bank v. Daniel Johnson, 719 F.3d 1010 (8th Cir. 2013). “Construing § 18-50-117 to allow only state law to authorize banks to do business in Arkansas would mean a national bank could be a trustee in a non judicial foreclosure without prior registration, but simultaneously could not avail itself of the benefits of the SFA.”
Terri L. Alpe v. Fed. Nat'l Mortg. Ass'n, 2023 Ark. 58 (Ark. 2023). “Plaintiff alleges that the Defendant failed to comply with the requirements of the Foreclosure Act including Sections 18-50-102(e), 103(2)(A), 104, 104(a)(1), 104(a)(3)(A), 104(b), and 106.”
Hunter v. Midfirst Bank (E.D. Ark. 2021). · cites it 2× “Arkansas Code Annotated section 18-50-102 authorizes a trustee to foreclose a deed of trust.”
Lewis v. Mortg. Elec. Reg. Sys. Inc (E.D. Ark. 2020). “Lewis’ allegations of statutory violations by defendants consist of “naked 1 The referenced section of the statute requires the beneficiary or mortgagee to certify to its trustee or attorney-in-fact under Arkansas Code Annotated § 18-50-102, not § 18-50-103. 2 In his complaint,…”
Marie King (Bankr. E.D. Ark. 2020). “§ 18-50-102 (2020). The “[c]onditions to exercise of power of sale” are specifically enumerated and include notice to the mortgagor, copies of the debt and security instruments, and specifics concerning the alleged default.”
— Ark. Code Ann. § 18-50-102(a) — 1 case
Dickinson v. Suntrust Nat'l Mortg. Inc., 2014 Ark. 513 (Ark. 2014). “Section 18-50-102(a)(2) allows an entity to be a trustee under the Statutory Foreclosure Act if the trustee is authorized to do business under the laws of the United States. The Dickinsons, however, argue that authorization to do business under the laws of the United States is…”
— Ark. Code Ann. § 18-50-102(a)(2) — 3 cases
Dickinson v. Suntrust Nat'l Mortg. Inc., 2014 Ark. 513 (Ark. 2014). “Section 18-50-102(a)(2) allows an entity to be a trustee under the Statutory Foreclosure Act if the trustee is authorized to do business under the laws of the United States. The Dickinsons, however, argue that authorization to do business under the laws of the United States is…”
JPMorgan Chase Bank, N.A. v. Johnson, 470 B.R. 829 (E.D. Ark. 2012). “Another section of the Statutory Foreclosure Act, Ark.Code Ann. § 18-50-102, specifies the entities and persons who can serve as trustees under the Act.”
JPMorgan Chase Bank v. Daniel Johnson, 719 F.3d 1010 (8th Cir. 2013). “Construing § 18-50-117 to allow only state law to authorize banks to do business in Arkansas would mean a national bank could be a trustee in a non judicial foreclosure without prior registration, but simultaneously could not avail itself of the benefits of the SFA.”
— Ark. Code Ann. § 18-50-102(a)(l) — 1 case
In Re Johnson, 460 B.R. 234 (Bankr. E.D. Ark. 2011). “§ 18-50-117 , and nothing in Ark.Code Ann. § 18-50-102, the Wingo Act, or the National Banking Act allowed it to conduct those proceedings without meeting that requirement.”
— Ark. Code Ann. § 18-50-102(e) — 1 case
Terri L. Alpe v. Fed. Nat'l Mortg. Ass'n, 2023 Ark. 58 (Ark. 2023). “Plaintiff alleges that the Defendant failed to comply with the requirements of the Foreclosure Act including Sections 18-50-102(e), 103(2)(A), 104, 104(a)(1), 104(a)(3)(A), 104(b), and 106.”
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