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How to avoidForeclosure

Arkansas · What this letter means

Arkansas foreclosure letters and notices

The papers Arkansas homeowners receive, in the order they usually arrive. Each page uses the name on the Arkansas document, explains the deadline it starts under Arkansas law, and lists what to do this week.

  1. Step 1

    Pre-foreclosure loan documents and loss mitigation notice (Act 885 notice)

    Before a lender can start a no-court (statutory) foreclosure in Arkansas, it must mail you copies of your loan papers, a payment history and contact details for its loan modification and forbearance programs. It must do this at least 10 days before it starts. Getting this packet means a statutory foreclosure may be close, so use the contact details right away.

    What it means
  2. Step 2

    Notice of Default and Intention to Sell

    This is the notice that starts an Arkansas statutory foreclosure. It is recorded with the county, mailed to you, and gives the time, date and place of the sale, which cannot be sooner than 60 days after recording. You can still cure the default and stop the sale until the sale happens.

    What it means
  3. Step 3

    Notice that you do not meet the criteria for loan modification or forbearance assistance

    If you applied for a loan modification or forbearance, Arkansas law says the home cannot be sold in a statutory foreclosure until the lender has told you in writing that you do not qualify. That notice must reach your address by certified and first-class mail at least 10 business days before the sale.

    What it means
  4. Step 4

    Summons and Complaint (circuit court foreclosure)

    Some Arkansas lenders foreclose by suing in circuit court instead of using the no-court process. If you are served with a summons and complaint, you have 30 days, not counting the day you received it, to file a written answer or motion. If you do nothing, the court can enter a default judgment.

    What it means
  5. Step 5

    Trustee's Deed or Mortgagee's Deed

    After an Arkansas statutory foreclosure sale, the trustee or mortgagee must deliver a trustee's deed or mortgagee's deed to the buyer within 10 days. There is no right to buy the home back. The buyer can go to circuit court to get possession, and you have short deadlines to challenge the sale or answer an eviction case.

    What it means

Got a letter not listed here? See every foreclosure letter explained, or how foreclosure works in Arkansas.