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What happens after a foreclosure sale in Arkansas

After an Arkansas statutory foreclosure sale, things move fast. There is no redemption period, the buyer gets a deed within 10 days and is entitled to possession right away, and short deadlines apply if you want to challenge the sale. The lender has 12 months to sue for any unpaid balance, with a fair market value limit.

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Reviewed against Arkansas law and official sources on October 11, 2026. General information, not legal advice.

What happens after the sale in Arkansas, in order

  1. Sale concluded

    Sale day

    The sale is complete when the highest bid is accepted. All rights of redemption end at that point, even before the deed is delivered.

    Ark. Code §§ 18-50-107(d), 18-50-108(b)

  2. Deed to the buyer

    Within 10 days after the sale

    The trustee or lender signs and delivers the deed. Until the deed is delivered, the trustee or lender can also set the sale aside and return the buyer's money, which reinstates the mortgage as if no sale had happened.

    Ark. Code §§ 18-50-107(e), 18-50-116(e)

  3. Deadline to challenge the sale

    Within 30 days after the sale

    A claim that the lender failed to strictly follow the Statutory Foreclosure Act must be raised within 30 days. Under a 2025 law, a borrower who gets a sale set aside on that ground may recover reasonable attorney's fees, with exceptions.

    Ark. Code §§ 18-50-116(d), 18-50-118

  4. Possession and eviction

    Right after the sale, through the court

    The buyer is entitled to immediate possession. It can ask the circuit court for a writ of assistance without notice to you, or file an eviction case, in which you have five days, not counting Sundays and legal holidays, to file a written objection.

    Ark. Code §§ 18-50-107(f), 18-60-307

  5. Deficiency lawsuit

    Within 12 months after the sale

    The lender can sue for the unpaid balance. The judgment is limited to the lesser of the debt minus the home's fair market value on the sale date, or the debt minus the sale price.

    Ark. Code § 18-50-112

  6. Surplus

    After the sale costs, the debt and later recorded liens are paid

    Any money left goes to the person who signed the deed of trust or that person's successor. Write to the trustee or attorney named in your notice and ask for an accounting of the sale proceeds.

    Ark. Code § 18-50-109

The three questions that matter after a sale

Can I get the home back in Arkansas?

Limited redemption

It depends on the type of foreclosure. After a statutory (nonjudicial) sale there is no right to redeem: the sale ends all redemption rights. After a court-ordered (judicial) foreclosure sale, the borrower can redeem within one year from the date of sale by paying the sale price plus interest and the costs of the foreclosure and sale. But the law lets a borrower waive that right in the mortgage or deed of trust, so check your loan documents.

Ark. Code §§ 18-50-108(b), 18-49-106

Can the lender come after me for the rest?

Limited

Yes, with limits after a statutory (nonjudicial) sale. The lender must sue within 12 months after the sale. The judgment cannot be more than the lesser of two amounts: what you owed minus the home's fair market value on the sale date, or what you owed minus the sale price. The lender has the burden of proving the fair market value. In a court (judicial) foreclosure, the judge can enter a judgment against you personally, and if the sale does not cover the debt the lender can collect the shortfall like any other judgment. The judicial foreclosure sections we read do not contain the fair market value limit.

Ark. Code §§ 18-50-112, 18-49-103, 18-49-105

What if the home sold for more than I owed?

After a statutory sale, the trustee or lender must apply the sale money in this order: the costs of the sale, the debt owed, then other recorded liens that came after the foreclosed loan. Any surplus goes to the person who signed the deed of trust or to that person's successor in interest. The statute we read does not set out a claim form or deadline, so contact the trustee or attorney named in your notice of default and intention to sell soon after the sale and ask in writing about any surplus. How surplus is handled after a court-ordered sale was not confirmed.

Ark. Code § 18-50-109

Common questions in Arkansas

How long do I have to move out after a foreclosure sale in Arkansas?

The law does not give a set number of days. Ark. Code 18-50-107(f) says the buyer is entitled to immediate possession and can get a court writ of assistance or file an eviction case. In an eviction case you have five days, not counting Sundays and legal holidays, to object in writing after you are served.

Can the bank sue me after a foreclosure sale in Arkansas?

Yes, within 12 months after a statutory sale. Under Ark. Code 18-50-112 the judgment cannot be more than the debt minus the home's fair market value at the sale date, or the debt minus the sale price, whichever is less. The lender has to prove the fair market value.

What is the minimum bid at an Arkansas foreclosure sale?

At a statutory sale, no bid can be accepted that is less than two-thirds of the entire debt due on the sale date, under Ark. Code 18-50-107(b)(3). The lender can bid and gets credit for the unpaid principal, interest, advances and sale costs.

Who gets the extra money if my Arkansas home sells for more than I owed?

Under Ark. Code 18-50-109 the proceeds pay the sale expenses, then the debt, then recorded liens that came after the foreclosed loan. Any surplus goes to the grantor of the deed of trust or the grantor's successor in interest.

Step by step

More on foreclosure in Arkansas

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

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Sources for this page

  1. Ark. Code § 18-60-304 (FindLaw copy, current as of March 28, 2024)
  2. Ark. Code § 18-60-307 (FindLaw copy)
  3. Ark. Code § 18-50-111 (FindLaw copy)
  4. Legal Aid of Arkansas: Apply for Legal Aid
  5. Arkansas Securities Department: File A Complaint
  6. Ark. Code § 18-50-103 (FindLaw copy, current as of March 28, 2024)
  7. Ark. Code § 18-50-104 (FindLaw copy)
  8. Ark. Code § 18-50-105 (FindLaw copy)
  9. Ark. Code § 18-50-107 (FindLaw copy)
  10. Ark. Code § 18-50-108 (FindLaw copy)
  11. Ark. Code § 18-50-109 (FindLaw copy)
  12. Ark. Code § 18-50-112 (FindLaw copy)
  13. Ark. Code § 18-50-114 (FindLaw copy)
  14. Ark. Code § 18-50-116 (FindLaw copy)
  15. Ark. Code § 18-50-117 (FindLaw copy)
  16. Ark. Code § 18-49-103 (FindLaw copy)
  17. Ark. Code § 18-49-105 (FindLaw copy)
  18. Ark. Code § 18-49-106 (FindLaw copy)
  19. Arkansas General Assembly: Act 306 of 2025 (HB1238), adding Ark. Code § 18-50-118
  20. Arkansas General Assembly: Code Sections Amended, Title 18, 2025 Regular Session
  21. Arkansas Law Help (Legal Aid of Arkansas): Foreclosure, last updated September 28, 2026
  22. Arkansas Attorney General: Foreclosure
  23. Arkansas Attorney General: Foreclosure Rescue and Loan Modification Scams
  24. Arkansas Homeowner Assistance Fund (program site, administered by ADFA)
  25. U.S. Department of the Treasury: Homeowner Assistance Fund
  26. Arkansas Securities Department: Mortgage Loans