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How to avoidForeclosure

Arkansas · What this letter means

Your Arkansas home was sold and a trustee's deed issued: what it means

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.

Reviewed October 12, 2026. General information, not legal, tax or financial advice.

Who sends it
The trustee or mortgagee signs it and delivers it to the buyer; it is recorded with the county
What it starts
The buyer's right to ask the court for possession, and a 30-day window to challenge the sale
Do this first
Call Legal Aid of Arkansas or a lawyer the same day if you think the sale was done wrong

What this document is in Arkansas

Under Ark. Code § 18-50-107(e)(3), within 10 days after the sale the mortgagee or trustee "shall execute and deliver the trustee's deed or mortgagee's deed to the purchaser." The sale itself is concluded when the highest bid is accepted (Ark. Code § 18-50-107(d)). You may never get a copy in the mail. You can get one from the county recorder once it is recorded, because the buyer must attach the recorded deed to a court complaint for possession.

What it does and does not mean

  • There is no redemption after a statutory sale. The sale ends all rights to redeem (Ark. Code § 18-50-108(b), per the Arkansas state file).
  • It does not by itself remove you. Under Ark. Code § 18-50-107(f), the buyer is entitled to immediate possession and gets it by filing a complaint in circuit court with the recorded deed attached, which entitles the buyer to an ex parte writ of assistance, or by filing a forcible entry and detainer (eviction) case. Ex parte means the court can act without first hearing from you.
  • It does not settle what you owe. The lender has 12 months after the sale to sue for any balance, and the amount is capped using the home's fair market value (Ark. Code § 18-50-112). See deficiency judgments in Arkansas.
  • Any money left after the sale costs, the debt and later liens goes to the person who signed the deed of trust (Ark. Code § 18-50-109). See foreclosure surplus funds in Arkansas.

The deadlines it starts and how to count them

  • Deed delivery: within 10 days after the sale date (Ark. Code § 18-50-107(e)(3)).
  • Challenge for not following the law: a claim that the lender failed to strictly follow the Statutory Foreclosure Act must be raised within 30 days after the sale (Ark. Code § 18-50-116(d), per the Arkansas state file). Count calendar days from the sale date. If a court sets the sale aside on that ground, Act 306 of 2025 lets you recover reasonable attorney's fees, with exceptions such as filing bankruptcy while the case is pending or reinstating the loan (Ark. Code § 18-50-118).
  • Eviction case: if the buyer files a forcible entry and detainer case, you have five days after service, not counting Sundays and legal holidays, to file a written objection (Ark. Code § 18-60-307, per the Arkansas funnel file). The Arkansas Supreme Court's summons form notes that eviction summonses carry extra notices required by § 18-60-307(a), so read every page.
  • Deficiency suit: the lender has 12 months after the sale (Ark. Code § 18-50-112).

What to do this week

  • Ask the county recorder for a copy of the recorded deed, and write down the sale date.
  • Mark 30 days after the sale on your calendar. Call Legal Aid of Arkansas at 1-800-952-9243 or a lawyer if any notice was missing or late.
  • Read any court papers the day they arrive. A five-day deadline can pass quickly.
  • Write to the trustee or attorney named in your notice and ask for an accounting of the sale money and any surplus.
  • Plan your move. Read what happens after an Arkansas foreclosure sale.

State help and scam warnings

After a sale, watch for people offering to recover your "surplus" for a large share, or to get the home back for a fee. Arkansas's surplus rule is in Ark. Code § 18-50-109 and you can ask the trustee directly. More contacts are on the Arkansas foreclosure help page.

Common questions

Can I buy my home back after an Arkansas trustee's sale?

No. The Arkansas state file explains that a statutory sale ends all rights to redeem (Ark. Code § 18-50-108(b)). A court foreclosure is different.

How fast can the buyer take possession in Arkansas?

The buyer is entitled to immediate possession, but must go through circuit court with a writ of assistance or an eviction case (Ark. Code § 18-50-107(f)). The law does not set a number of days to move out.

How long do I have to challenge an Arkansas statutory sale?

A claim that the lender did not strictly follow the statutory foreclosure law must be raised within 30 days after the sale, per the Arkansas state file (Ark. Code § 18-50-116(d)). Talk to a lawyer right away.

Will I get attorney's fees if the sale is set aside?

Possibly. Under Act 306 of 2025 (Ark. Code § 18-50-118), a court may award reasonable attorney's fees when it sets a sale aside for failure to strictly follow the law, with listed exceptions.

Other Arkansas letters

Sources

  1. Act 885 of 2011 (Ark. Code § 18-50-107 as amended)
  2. Act 306 of 2025 (Ark. Code § 18-50-118)
  3. Arkansas Supreme Court: Form of Summons (notes on § 18-60-307(a))
  4. Arkansas Law Help: Foreclosure
  5. Legal Aid of Arkansas: Apply for Legal Aid

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