- Who sends it
- The lender's attorney files the case; a sheriff, process server or certified mail delivers it
- What it starts
- 30 days to file a written answer or motion, or 60 days if you are in a jail or prison in Arkansas
- Do this first
- Mark the 30th day and call Legal Aid of Arkansas at 1-800-952-9243
What this document is in Arkansas
Arkansas Law Help explains that a judicial foreclosure happens "when the bank files a lawsuit against the borrower," and that "you will know a judicial foreclosure has started when you are served with a summons and a complaint." The complaint is filed in the circuit court of your county. It asks the court to order your home sold and may ask for a personal judgment for what you owe.
The official Arkansas summons form says: "A lawsuit has been filed against you. The relief demanded is stated in the attached complaint."
What it does and does not mean
- It is a lawsuit, not a sale notice. No sale happens until the court enters a decree.
- In a court foreclosure, the judge can enter a judgment against you personally, and the lender can collect any shortfall like other judgments (Ark. Code §§ 18-49-103, 18-49-105, per the Arkansas state file).
- After a court-ordered sale, you may be able to redeem within one year by paying the sale price plus interest and costs, but your mortgage may waive that right (Ark. Code § 18-49-106, per the Arkansas state file). Check your loan papers.
- While this lawsuit is pending, the lender cannot also use the statutory no-court process unless the lawsuit is dismissed (Ark. Code § 18-50-103).
The deadline it starts and how to count it
The summons form says: "Within 30 days after service of this summons on you (not counting the day you received it), or 60 days if you are incarcerated in any jail, penitentiary, or other correctional facility in Arkansas, you must file with the clerk of this court a written answer to the complaint or a motion under Rule 12 of the Arkansas Rules of Civil Procedure."
Start counting the day after you were served. Count calendar days. Your answer or motion must also be served on the lender's attorney named in the summons. "If you fail to respond within the applicable time period, judgment by default may be entered against you for the relief demanded in the complaint."
What to do this week
- Write down the date and how you were served. The proof of service on the summons shows this too.
- Count 30 days from the day after service and put it on your calendar.
- Apply to Legal Aid of Arkansas at 1-800-952-9243 or online, or contact a private lawyer. The Arkansas Judiciary has no foreclosure forms.
- Read the complaint. Check the amount claimed, the loan number, and whether the plaintiff is the company you pay.
- Keep talking to your servicer about a modification or other option, but do not miss the court deadline while you wait.
- Read how foreclosure works in Arkansas.
State help and scam warnings
Arkansas has no state foreclosure mediation program in the state files, so your lawyer, a housing counselor and your servicer are the main routes to a deal. See the Arkansas foreclosure help page and the national summons and complaint guide.
- Court cases are public. Be careful with letters offering to "handle the lawsuit" for a fee from anyone who is not a licensed Arkansas lawyer.
- If you cannot keep the home, ask about deficiency judgments in Arkansas before you agree to anything.
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 long do I have to answer an Arkansas foreclosure lawsuit?
30 days after service, not counting the day you received it, or 60 days if you are incarcerated in Arkansas. That is the language of the official Arkansas summons form.
What happens if I do not answer?
The summons warns that judgment by default may be entered against you for the relief demanded in the complaint.
Can I buy my home back after an Arkansas court foreclosure sale?
Possibly. The Arkansas state file explains that Ark. Code § 18-49-106 gives one year from the sale to redeem after a court-ordered sale, but the mortgage can waive that right. A lawyer can check your documents.
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 of Default and Intention to SellThis 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.
- 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.
- 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.