Arkansas Code Annotated

Ark. Code Ann. § 4-9-604 (2020)

Procedure if security agreement covers real property or fixtures

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar
  1. If a security agreement covers both personal and real property, a secured party may proceed:
    1. under this part as to the personal property without prejudicing any rights with respect to the real property; or
    2. as to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of this part do not apply.
  2. Subject to subsection (c), if a security agreement covers goods that are or become fixtures, a secured party may proceed:
    1. under this part; or
    2. in accordance with the rights with respect to real property, in which case the other provisions of this part do not apply.
  3. Subject to the other provisions of this part, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property.
  4. A secured party that removes collateral shall promptly reimburse any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.

History. Acts 2001, No. 1439, § 1.

Case Notes

Damage to Realty.

Where plaintiff was awarded judgment for possession of mining equipment located in mine owned by unsecured party, this section did not require plaintiff to post bond for damages which might occur during removal. Howe Coal Co. v. Prairie Coal Co., 362 F. Supp. 1117 (W.D. Ark. 1973) (decision under prior law).