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

Ark. Code Ann. § 18-50-114 (2026)

Reinstatement of mortgage or deed of trust

✓ current as of May 2026
Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar
    1. Whenever all or a portion of the principal sum of any obligation secured by a mortgage or deed of trust, prior to the maturity date fixed in such obligation, has become due or has been declared due by reason of a breach or default in the performance of any obligation secured by the mortgage or deed of trust, including a default in the payment of interest or of any installment of principal, or by reason of a failure of the grantor to pay, in accordance with the terms of the mortgage or deed of trust, taxes, assessments, premiums for insurance, or advances made by the mortgagee or beneficiary in accordance with the terms of such obligation or of such mortgage or deed of trust, then the mortgagor or grantor or their successors in interest in the trust property may pay, at any time subsequent to the filing for record of a notice of default and intention to sell and prior to the sale, to the mortgagee or beneficiary or their successor in interest the entire amount then due under the terms of such mortgage or deed of trust, including costs and expenses actually incurred in enforcing the terms of the obligation and mortgage or deed of trust, and trustee's and attorney's fees other than that portion of the principal which would not then be due had no default occurred, and thereby cure the default theretofore existing.
    2. Thereupon, all proceedings under this chapter theretofore had or instituted shall be dismissed or discontinued, and the obligation and mortgage or deed of trust shall be reinstated and shall be and remain in force and effect, the same as if no acceleration had occurred.
  2. If the default is cured and the mortgage or deed of trust reinstated in the manner provided in this section, the mortgagee, beneficiary, or their successors in interest shall file for record with the recorder of the county in which the trust property is situated a duly acknowledged cancellation of the recorded notice of default and intention to sell under such mortgage or deed of trust.

History. Acts 1987, No. 53, § 14.

Case Notes

Construction.

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).

Summary judgment was properly granted in favor of defendant bank which failed to reinstate the mortgage of plaintiff couple; it was undisputed that the couple had failed to pay the entire amount of the past-due payments, late fees, and costs and expenses, including attorney's fees, before curing the default pursuant to subsection (a) of this section. Lambert v. Firstar Bank, N.A., 83 Ark. App. 259, 127 S.W.3d 523 (2003).

Repayment Plan.

Repayment plan document created no such obligation on the part of the creditors to modify the borrowers' loan; the plan did not alter the fact that the borrowers were not entitled to have the mortgage reinstated until they cured the default by paying past-due payments, late fees, and costs and expenses, including attorney's fees. Anderson v. CitiMortgage, Inc., 2014 Ark. App. 683, 450 S.W.3d 251 (2014).

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2003–2024 · leading case: Lambert v. Firstar Bank, N.A., 127 S.W.3d 523 (Ark. Ct. App. 2003).
Sort: Relevance Newest Treatment
Lambert v. Firstar Bank, N.A., 127 S.W.3d 523 (Ark. Ct. App. 2003). · cites it 10× “Appellee filed its motion for summary judgment, asserting that it was entitled to judgment as a matter of law because appellants had failed to comply with Ark. Code Ann. § 18-50-114 (a) (Supp. 2001) by tendering the entire amount of payments, late fees, and attorney’s fees and…”
L. Walter Quinn, III Terry Quinn v. Ocwen Fed. Bank Fsb Wilson & Assocs., P.L.L.C., 470 F.3d 1240 (8th Cir. 2006). “” Ark.Code Ann. § 18-50-114(b). In this case, the mortgagee is Wells Fargo.”
Anderson v. Citimortgage, Inc., 2014 Ark. App. 683, 450 S.W.3d 251. · cites it 2× “See ArkCode Ann. § 18-50-114(a) (Repl.2003); Lambert v.”
Nichols v. Home Point Fin. Corp. (W.D. Ark. 2020). · cites it 7× “Sharon Nichols had every right to cure the Mortgage pursuant to Ark. Code Ann. § 18-50-114 (a)(1), which allows a mortgagor to cure a defaulting mortgage by paying the entire amount of past-due payments, late fees, and costs and expenses.”
Alpe v. Fed. Nat'l Mortg. Ass'n Inc (E.D. Ark. 2024). · cites it 2× “Ark. Code Ann. § 18-50-114 (a). However, the foreclosure sale terminates all rights of redemption.”
Ark. Code Ann. § 18-50-114(a): 2 cases
Lambert v. Firstar Bank, N.A., 127 S.W.3d 523 (Ark. Ct. App. 2003). “Appellee filed its motion for summary judgment, asserting that it was entitled to judgment as a matter of law because appellants had failed to comply with Ark. Code Ann. § 18-50-114 (a) (Supp. 2001) by tendering the entire amount of payments, late fees, and attorney’s fees and…”
Anderson v. Citimortgage, Inc., 2014 Ark. App. 683, 450 S.W.3d 251. “See ArkCode Ann. § 18-50-114(a) (Repl.2003); Lambert v.”
Ark. Code Ann. § 18-50-114(b): 1 case
L. Walter Quinn, III Terry Quinn v. Ocwen Fed. Bank Fsb Wilson & Assocs., P.L.L.C., 470 F.3d 1240 (8th Cir. 2006). “” Ark.Code Ann. § 18-50-114(b). In this case, the mortgagee is Wells Fargo.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.