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

Ark. Code Ann. § 18-50-111 (2026)

Form and effect of trustee's or mortgagee's deed

✓ current as of May 2026
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    1. The trustee's or mortgagee's deed shall contain recitals of compliance with the requirements of this chapter relating to the exercise of the power of sale and sale of the trust property, including recitals concerning mailing and publication of notice of default and intention to sell and the conduct of the sale.
    2. Upon the filing of the deed for record with the recorder of the county in which the trust property is situated, the recitals shall be prima facie evidence of the truth of the matters set forth therein, but the recitals shall be conclusive in favor of a purchaser for value in good faith relying upon them.
  2. The trustee's or mortgagee's deed shall convey to the purchaser all right, title, and interest in the trust property the mortgagor or grantor had or had the power to convey at the time of the execution of the mortgage or deed of trust, together with all right, title, and interest in the mortgagor or grantor or their successors in interest acquired after the execution of the mortgage or deed of trust, and the conveyance shall be deemed effective and relate back to the time of the sale.

History. Acts 1987, No. 53, § 11; 1999, No. 983, § 10.

Amendments. The 1999 amendment added “which conveyance … time of the sale” in (b); and made stylistic changes.

Case Notes

Construction.

Statutory framework makes clear that legal or equitable rights must be asserted before a foreclosure sale is held or the claim will be forever barred or terminated, except in cases where fraud or the failure to strictly comply with the applicable statutory provisions can be established. Brown v. Fed. Home Loan Mortg. Corp., 2013 Ark. App. 574, 430 S.W.3d 125 (2013).

Title.

Under subsection (b), holder of first deed of trust obtained all right, title and interest in the subject property when the trustee's deed was recorded. Matlock v. Lomas Mtg. U.S.A., Inc., 154 B.R. 721 (Bankr. E.D. Ark. 1993).

Mortgagor correctly argued that it held title to the debtors' residence pursuant to a sale that satisfied the promissory note excuted by the debtors. In re Henson, 157 B.R. 867 (Bankr. W.D. Ark. 1993).

Cited: Ellis v. State Farm Bank, F.S.B., 2009 Ark. App. 569 (2009).

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1993–2021 · leading case: Matlock v. Lomas Mortg. U.S.A., Inc. (In Re Matlock), 154 B.R. 721 (Bankr. E.D. Ark. 1993).
Sort: Relevance Newest Treatment
Matlock v. Lomas Mortg. U.S.A., Inc. (In Re Matlock), 154 B.R. 721 (Bankr. E.D. Ark. 1993). · cites it 4× “” Ark. Code Ann. § 18-50-111 (b) (Michie Supp.”
In Re Jenkins, 422 B.R. 175 (Bankr. E.D. Ark. 2010). · cites it 2× “Also, CitiMortgage points out that pursuant to Section 18-50-111 of the Arkansas Code, the Trustee’s Deed or Mortgagee’s Deed “would relate back to and be deemed effective as of the time of the auction.”
Hunter v. Midfirst Bank (E.D. Ark. 2021). · cites it 6× “147 Ark. Code Ann. § 18-50-111 (a)(2). also cannot use MidFirst’s failure to strictly comply with the Act as a vehicle to collaterally attack the current owner’s interest.”
Brown v. Fed. Home Loan Mortg. Corp., 2013 Ark. App. 574 (Ark. Ct. App. 2013). · cites it 2× “Arkansas Code Annotated section 18-50-111(a)(2) (Repl. 2003) makes clear that the recitals contained in the mortgagee’s deed serve as prima facie evidence of the truth of the matters set forth therein.”
Marie King (Bankr. E.D. Ark. 2020). “§ 18-50-111(a) (2020) (emphasis added). Recordation, not mere delivery, renders the recitals conclusive in favor of the good faith purchaser.”
— Ark. Code Ann. § 18-50-111(a) — 1 case
Marie King (Bankr. E.D. Ark. 2020). “§ 18-50-111(a) (2020) (emphasis added). Recordation, not mere delivery, renders the recitals conclusive in favor of the good faith purchaser.”
— Ark. Code Ann. § 18-50-111(a)(1) — 1 case
Hunter v. Midfirst Bank (E.D. Ark. 2021). “147 Ark. Code Ann. § 18-50-111 (a)(2). also cannot use MidFirst’s failure to strictly comply with the Act as a vehicle to collaterally attack the current owner’s interest.”
— Ark. Code Ann. § 18-50-111(a)(2) — 2 cases
Brown v. Fed. Home Loan Mortg. Corp., 2013 Ark. App. 574 (Ark. Ct. App. 2013). “Arkansas Code Annotated section 18-50-111(a)(2) (Repl. 2003) makes clear that the recitals contained in the mortgagee’s deed serve as prima facie evidence of the truth of the matters set forth therein.”
Hunter v. Midfirst Bank (E.D. Ark. 2021). “147 Ark. Code Ann. § 18-50-111 (a)(2). also cannot use MidFirst’s failure to strictly comply with the Act as a vehicle to collaterally attack the current owner’s interest.”
— Ark. Code Ann. § 18-50-111(b) — 1 case
Matlock v. Lomas Mortg. U.S.A., Inc. (In Re Matlock), 154 B.R. 721 (Bankr. E.D. Ark. 1993). “” Ark. Code Ann. § 18-50-111 (b) (Michie Supp.”
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