Ark. Code Ann. § 5-37-226 (2026)
Filing instruments affecting title or interest in real property
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It is unlawful for a person with the knowledge of the instrument's lack of authenticity or genuineness to have placed of record in the office of the county recorder or the office of the Secretary of State any instrument:
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Clouding or adversely affecting:
- The title or interest of the true owner, lessee, or assignee in real property; or
- Any bona fide interest in real property; and
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With the purpose of:
- Clouding, adversely affecting, impairing, or discrediting the title or other interest in the real property which may prevent the true owner, lessee, or assignee from disposing of the real property or transferring or granting any interest in the real property; or
- Procuring money or value from the true owner, lessee, or assignee to clear the instrument from the records of the office of the county recorder or the office of the Secretary of State.
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Clouding or adversely affecting:
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- A person who violates subsection (a) of this section is guilty of a Class A misdemeanor.
- Except as provided under subdivision (b)(2) of this section, a person who has a previous conviction under this section upon conviction is guilty of a Class D felony for a subsequent violation of subsection (a) of this section.
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However, a person who violates subsection (a) of this section is guilty of a Class C felony if the person violates subsection (a) of this section because of the performance of official duties by the victim and the victim is:
- A judge or other court personnel;
- A prosecuting attorney or deputy prosecuting attorney;
- A state, county, or municipal law enforcement officer or jailer;
- An employee of the Division of Correction;
- An employee of the Division of Community Correction;
- A judge, prosecuting attorney, deputy prosecuting attorney, law enforcement officer, or jailer from another state, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States;
- A person elected to a federal, state, or local position; or
- A person employed by the Attorney General.
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- An owner, lessee, or assignee of real property located in the State of Arkansas who suffers loss or damages as a result of conduct that is prohibited under subsection (a) of this section and who must bring civil action to remove any cloud from his or her title or interest in the real property or to clear his or her title or interest in the real property is entitled to three (3) times actual damages, punitive damages, and costs, including any reasonable attorney's fees or other costs of litigation reasonably incurred.
- This section does not apply to a bona fide filing of lis pendens, materialmen's lien, laborer's lien, or other legitimate notice or protective filing as provided by law.
History. Acts 1995, No. 1086, §§ 1-3; 2011, No. 172, § 1; 2013, No. 1125, § 9; 2019, No. 910, § 674.
Amendments. The 2011 amendment substituted “county recorder or the office of the Secretary of State” for “recorder of any county” in the introductory language of (a); substituted “purpose” for “intent” in the introductory language of (a)(2); in (a)(2)(B), inserted “county” and “or the office of the Secretary of State”; inserted (b)(1)(B) and (b)(2).
The 2013 amendment, in (b)(1)(B), substituted “Except as provided under subdivision (b)(2) of this section, a” for “A” and deleted “subdivision (b)(1)(A) of” following “conviction under.”
The 2019 amendment substituted “Division of Correction” for “Department of Correction” in (b)(2)(D) and substituted “Division of Community Correction” for “Department of Community Correction” in (b)(2)(E).
Case Notes
In General.
Property owners who failed to make mortgage payments in apparent confusion over unmade withdrawals from their checking account failed to state a claim for relief against the loan servicing agent, which had not violated this section in filing a bona fide foreclosure action. Quinn v. Ocwen Fed. Bank FSB, 470 F.3d 1240 (8th Cir. 2006).
Equitable Relief.
As lessors suit the lessee, alleging it violated this section and § 15-73-204, and attacking the validity of the lease, they could not thereafter complain that the lessee failed to fulfill its lease obligations. Therefore, the lessee's was entitled to equitable relief by being allowed to suspend its drilling obligations while the suit was pending. Snowden v. JRE Invs., 2010 Ark. 276, 370 S.W.3d 215 (2010).
Evidence.
Where the owner of a construction company testified that the company had performed work on the project on June 23, 2003, and on unspecified dates in August 2003, and the lien was filed on October 20, 2003, substantial evidence existed to find that the company did not filed its lien with knowledge that it had not worked on the project within 120 days before the lien was filed. Swink v. Lasiter Constr., Inc., 94 Ark. App. 262, 229 S.W.3d 553 (2006).
Trial court did not err in awarding an individual punitive damages and attorney fees under subsection (c) of this section, and although the trial court did not make a finding that the instrument was filed with knowledge that it was not genuine or authentic, such a finding was implicit when the court awarded punitive damages under the statute, and the findings were supported by the evidence that the company prepared quitclaim deeds to the entire 40 acres, despite one acre having been carved out, the company was a shell company, and there were no revenue stamps on the deeds under § 26-60-110(b), and the letter attached to the individual's complaint implied that the company was seeking money from the individual in order to clear his title; because the award was based on a statutory remedy, the trial court could have awarded punitive damages without first having awarded compensatory damages. J. Michael Enters. v. Oliver, 101 Ark. App. 48, 270 S.W.3d 388 (2007).