- Who sends it
- The mortgagee, trustee or their attorney, by certified mail and first-class mail within 30 days after it is recorded
- What it starts
- At least 60 days from recording until the sale, plus four weeks of newspaper notice
- Do this first
- Call the party named in the notice and ask in writing for the exact amount to cure
What this document is in Arkansas
Under Ark. Code § 18-50-104, a lender cannot sell your home in a statutory foreclosure unless a notice of default and intention to sell has been recorded with the county recorder where the home is. Arkansas Law Help says the process "begins when the bank records a Notice of Default and Intention to Sell."
The notice must show the names of the parties to the mortgage or deed of trust, a legal description and street address of the home, where the mortgage is recorded, the default, the time, date and place of sale, and the name, address and phone number of the party starting the foreclosure. It must also say, in conspicuous type: "YOU MAY LOSE YOUR PROPERTY IF YOU DO NOT TAKE IMMEDIATE ACTION" (Ark. Code § 18-50-104(b)).
What it does and does not mean
- It does set a sale date. The sale must be on a weekday between 9:00 a.m. and 4:00 p.m., at the home or at the front door of the county courthouse (Ark. Code § 18-50-107(a)).
- It is not an eviction. You can stay in the home until after a sale and a court process.
- You can still cure the default. At any time after the notice is recorded and before the sale, you can pay the amount then due plus costs and trustee's and attorney's fees, without paying the part of the loan that is due only because it was accelerated. The foreclosure must then be dismissed (Ark. Code § 18-50-114, per the Arkansas state file).
- A sale can be postponed by an announcement or a posted notice at the sale. A new notice is needed only if it is postponed more than 30 days (Ark. Code § 18-50-107(c)).
The deadlines it starts and how to count them
- Mailing: the notice must be mailed to you within 30 days after it is recorded, by certified mail and by first-class mail, to the last address the lender or trustee knows (Ark. Code § 18-50-104(c)). Count from the recording date shown on the notice.
- Earliest sale: at least 60 days must pass after recording before the sale (Ark. Code § 18-50-104(a)(2)). Count calendar days from the recording date, not from the day you got it.
- Publication: the sale notice runs in a newspaper once a week for four weeks in a row and is posted at the courthouse and online (Ark. Code § 18-50-105, per the Arkansas state file).
- Loan modification answer: if you applied for a loan modification or forbearance, the lender must send you a written answer by certified and first-class mail at least 10 business days before the sale (Ark. Code § 18-50-104(a)(3)).
- Defenses: most claims and defenses must be raised in court before the sale or they are lost (Ark. Code § 18-50-116(d), per the Arkansas state file).
What to do this week
- Find the recording date and the sale date. Mark the sale date and the date 10 business days before it.
- Call the party named in the notice. Ask in writing for the cure amount, how long it is good for, and how to pay.
- If you have a loan modification application in, write to the servicer and the party named in the notice. Say you have not received a written decision, if that is true.
- Call Legal Aid of Arkansas at 1-800-952-9243 or a private lawyer now. Because no judge reviews a statutory sale, any challenge has to be filed in court before the sale.
- Read how foreclosure works in Arkansas and how to stop foreclosure in Arkansas.
State help and scam warnings
Sale notices are public, so you may get letters and calls from people who saw yours. The Attorney General says to beware of anyone offering relief for an upfront fee, and that the Arkansas Securities Department can tell you about a company offering foreclosure rescue services. More contacts are on the Arkansas foreclosure help page.
- Do not pay anyone to "stop the sale" before you have a written agreement with your lender.
- Do not sign a deed or a lease-back deal with a stranger.
- If the sale goes ahead, read what happens after an Arkansas foreclosure sale.
The rest of the Arkansas process
See how foreclosure works in Arkansas, the timeline, ways to stop it and free help in Arkansas, or read the national guide to this letter.
Common questions
How soon after an Arkansas notice of default can my house be sold?
No sooner than 60 days after the notice of default and intention to sell is recorded (Ark. Code § 18-50-104(a)(2)). The exact date is printed in the notice.
Can I stop an Arkansas statutory foreclosure by catching up?
Yes. The Arkansas state file explains that under Ark. Code § 18-50-114 you can pay the amount then due, plus costs and fees, any time before the sale, and the foreclosure must be dismissed. Get the figure in writing.
Do I get a new notice if the Arkansas sale is postponed?
Only if it is postponed more than 30 days past the date in the notice. Shorter delays can be announced or posted at the sale (Ark. Code § 18-50-107(c)). Call the party named in the notice to check.
What is the minimum bid at an Arkansas statutory sale?
No bid can be accepted for less than two-thirds of the entire debt due on the sale date (Ark. Code § 18-50-107(b)(3)).
Other Arkansas letters
- 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.
- Notice that you do not meet the criteria for loan modification or forbearance assistanceIf 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.
- 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.
- Trustee's Deed or Mortgagee's DeedAfter 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.