Arkansas · Weigh your options
Property tax foreclosure in Arkansas
Arkansas does not sell tax liens. Property taxes are delinquent if not paid by October 15, and if they are still unpaid a year later the county certifies your parcel to the Commissioner of State Lands and title passes to the state. You can still redeem until the Commissioner's auction, which cannot be sooner than one year after certification. If the auction brings in more than what is owed, you can apply to the Commissioner for the extra money within two years.
Reviewed against Arkansas law and official sources on October 11, 2026. General information, not legal advice.
The property tax process in Arkansas, step by step
Taxes become delinquent
Unpaid after October 15Taxes can be paid to the county collector from the first business day in March through October 15. Anything unpaid after that is delinquent and a 10 percent penalty is added. Members of the armed forces, reserves and National Guard owe no penalty while deployed and for one tax year after.
Ark. Code § 26-36-201
Certification to the Commissioner of State Lands
One year after delinquency, no later than July 1 of the next yearThe county collector holds the delinquent parcel for one year. If it is not redeemed by the certification date, the county sends it to the Commissioner of State Lands, and title vests in the state when the certification is received. You can still get it back by redeeming.
Ark. Code § 26-37-101
Notice of the sale
Sale no earlier than 1 year after certificationThe Commissioner must send you and other interested parties a notice by certified mail with the sale date and your right to redeem, and try other addresses if it comes back. If you have a homestead credit and there is no proof you got the letter, you must be personally served at least 60 days before the sale. A regular mail notice also goes out at least 30 days before an in person auction.
Ark. Code §§ 26-37-202(e), 26-37-301
Redeem from the Commissioner
Until 4 p.m. on the last business day before the saleFile a redemption petition with the Commissioner and pay all delinquent taxes plus 10 percent simple interest and a 10 percent penalty for each year, and costs. The quoted amount holds for 30 days. A disabled veteran redeeming his or her own parcel is not charged the penalty after sending the required letter.
Ark. Code §§ 26-37-202(e), 26-37-302, 26-37-310
Auction and deed
On the date in the noticeThe parcel is auctioned in its county and sold only for a bid at least equal to the taxes, penalties, interest and sale costs. The buyer gets a limited warranty deed. A parcel that does not sell can be offered again online, and after two years the Commissioner can negotiate a price.
Ark. Code §§ 26-37-201(b), 26-37-202
Claim the surplus
Apply after the escrow year and within 2 yearsAfter the Commissioner's costs, county taxes and certified state and county debts are paid, the rest goes into escrow, and the Commissioner keeps 10 percent of it, up to $500, for handling. The record owner on the sale date applies on the Commissioner's form with proof of ownership and gives up all rights in the parcel. Money not paid out within two years goes to the county.
Ark. Code § 26-37-205
Common questions in Arkansas
Can I still pay my Arkansas taxes after my land goes to the Commissioner of State Lands?
Yes. Even though title passes to the state at certification, you can redeem until 4 p.m. on the last business day before the auction by filing a petition and paying everything owed. Contact the Commissioner of State Lands for a written amount, which stays the same for 30 days.
Has Arkansas changed its tax sale surplus law since Tyler v. Hennepin County?
Arkansas already paid tax sale surplus to the former owner on application before Tyler v. Hennepin County (2023). Act 172 of 2023 updated the wording and set one two year escrow period for all funds. We found no later change to that section through the 2025 session.
Can my children claim Arkansas tax sale surplus if I have died?
The law defines the former owner as the person or entity that held record title on the sale date, and it leaves out heirs or relatives beyond the first degree of kinship. If there is a dispute or a competing claim, the Commissioner may require a court order before paying.
How much can someone charge to help me claim Arkansas tax sale surplus?
A fee agreement is enforceable only if it is in writing, signed by the former owner, describes the property and services, states the amount before and after the fee, and charges no more than 10 percent. You can request the claim form from the Commissioner yourself at no fee, and a court can cut an unfair fee.
Step by step
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Sources for this page
- Arkansas Act 172 of 2023 (HB 1191): amends Ark. Code § 26-37-205 and § 26-37-310
- Arkansas Act 259 of 2025 (HB 1400): redemption payment and disabled veteran penalty exemption, Ark. Code § 26-37-302
- Arkansas Legislature: Acts by Code Section, Title 26 (2023 Regular Session)
- Arkansas Legislature: Acts by Code Section, Title 26 (2025 Regular Session)
- Ark. Code § 26-36-201 Payment of taxes; delinquency penalty (FindLaw)
- Ark. Code § 26-37-101 Tax-delinquent land; certification (FindLaw)
- Ark. Code § 26-37-202 Sale by Commissioner of State Lands; redemption before sale (FindLaw)
- Ark. Code § 26-37-205 Distribution of funds; remaining funds to former owners (FindLaw)
- Ark. Code § 26-37-301 Notice to owner (FindLaw)
- Commissioner of State Lands: Available Excess Proceeds
- Arkansas Auditor of State: Search for Property
- Ark. Code § 18-50-103 (FindLaw copy, current as of March 28, 2024)
- Ark. Code § 18-50-104 (FindLaw copy)
- Ark. Code § 18-50-105 (FindLaw copy)
- Ark. Code § 18-50-107 (FindLaw copy)
- Ark. Code § 18-50-108 (FindLaw copy)
- Ark. Code § 18-50-109 (FindLaw copy)
- Ark. Code § 18-50-112 (FindLaw copy)
- Ark. Code § 18-50-114 (FindLaw copy)
- Ark. Code § 18-50-116 (FindLaw copy)
- Ark. Code § 18-50-117 (FindLaw copy)
- Ark. Code § 18-49-103 (FindLaw copy)
- Ark. Code § 18-49-105 (FindLaw copy)
- Ark. Code § 18-49-106 (FindLaw copy)
- Arkansas General Assembly: Act 306 of 2025 (HB1238), adding Ark. Code § 18-50-118
- Arkansas General Assembly: Code Sections Amended, Title 18, 2025 Regular Session
- Arkansas Law Help (Legal Aid of Arkansas): Foreclosure, last updated September 28, 2026
- Arkansas Attorney General: Foreclosure
- Arkansas Attorney General: Foreclosure Rescue and Loan Modification Scams
- Arkansas Homeowner Assistance Fund (program site, administered by ADFA)
- U.S. Department of the Treasury: Homeowner Assistance Fund
- Arkansas Securities Department: Mortgage Loans