The mortgagee or trustee shall publish the notice:
In a newspaper of general circulation in the county in which the trust property is situated or in a newspaper of general statewide daily publication one (1) time a week for four (4) consecutive weeks prior to the date of sale. The final publication shall be no more than ten (10) days prior to the sale;
By employing a third-party posting provider to post notice at the place at the county courthouse where foreclosure sales are customarily advertised and conducted; and
By employing a third-party Internet foreclosure sale notice information service provider.
Amendments.
The 1999 amendment added (2); and made stylistic changes.
The 2001 amendment substituted “employing a third-party” for “utilizing a third party”; and added (3) and made related changes.
Research References
U. Ark. Little Rock L. Rev.
Survey of Legislation, 2001 Arkansas General Assembly, Property Law, 24 U. Ark. Little Rock L. Rev. 549.
Case Notes
Content of Notice.
Reading § 18-50-104 and this section together, the U.S. Bankruptcy Court for the Western District of Arkansas, Texarkana Division, concluded that the notice that must be published in the newspaper, at the county courthouse, and on the internet is the notice of default and intention to sell and, therefore, must contain a legal description of the trust property and, if applicable, the street address of the property.
In re Gatlin, 357 B.R. 519 (Bankr. W.D. Ark. 2006).
Cited:
Ellis v. State Farm Bank, F.S.B., 2009 Ark. App. 569 (2009).
Dickinson v. Suntrust Nat'l Mortg. Inc., 2014 Ark. 513 (Ark. 2014). · cites it 4דHowever, the remaining sections of the Statutory Foreclosure Act contain provisions expressly directed at the trustee regarding, for example, publication of notice ( Ark. Code Ann. § 18-50-105 ) and application of the proceeds of sale ( Ark.”
In Re Tomlin, 228 B.R. 916 (Bankr. E.D. Ark. 1999). · cites it 2דThe successful bidder at the sale must pay the full purchase price (or credit bid) at the sale, and the mortgagee has ten days to deliver a trustee’s deed to the purchaser, who is entitled to possession upon the recording of the deed.”
In Re Gatlin, 357 B.R. 519 (Bankr. W.D. Ark. 2006). · cites it 5דPursuant to Arkansas Code Annotated Section 18-50-105, “notice” must be posted in the newspaper, at the county courthouse, and on the internet.”
In Re Jenkins, 422 B.R. 175 (Bankr. E.D. Ark. 2010). · cites it 2דArk.Code Ann. § 18-50-105(1) & 107(a)(2) (Michie 2003).”
Marie King (Bankr. E.D. Ark. 2020). “§ 18-50-105 (2020). The mortgagee or trustee must, before conducting the sale, file “for record with the recorder of the county in which the property is situated” an “affidavit of mailing and publication of the notice of default and intention to sell.”
— Ark. Code Ann. § 18-50-105(1) — 2 cases
In Re Jenkins, 422 B.R. 175 (Bankr. E.D. Ark. 2010). “Ark.Code Ann. § 18-50-105(1) & 107(a)(2) (Michie 2003).”
In Re Gatlin, 357 B.R. 519 (Bankr. W.D. Ark. 2006). “Pursuant to Arkansas Code Annotated Section 18-50-105, “notice” must be posted in the newspaper, at the county courthouse, and on the internet.”
— Ark. Code Ann. § 18-50-105(2) — 1 case
In Re Gatlin, 357 B.R. 519 (Bankr. W.D. Ark. 2006). “Pursuant to Arkansas Code Annotated Section 18-50-105, “notice” must be posted in the newspaper, at the county courthouse, and on the internet.”
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