Foreclosure in Arkansas: your timeline, rights, and how to stop it
Arkansas uses a non-judicial foreclosure process. Below is the typical timeline, the notices you should get, your cure and reinstatement options, and whether a lender can come after you for a shortfall — with every figure tied to a source. None of this is legal advice; confirm your own case with a HUD-approved counselor or a Arkansas attorney.
How fast foreclosure moves in Arkansas
Method: Non-judicial. Arkansas allows both judicial and non-judicial foreclosure, but most residential foreclosures are non-judicial under the Statutory Foreclosure Act (Ark. Code Ann. §§ 18-50-101 through 18-50-116) because it is quicker and less expensive for lenders than judicial foreclosure.
Typical state-process time to sale: roughly 70–120 days once foreclosure starts. The 70-120 day timeline applies to the foreclosure process after the initial 120-day federal pre-foreclosure period. This starts from when the notice of default and intention to sell is recorded and includes the required 60-day waiting period before sale, publication in newspapers for 4 consecutive weeks, and other statutory notice requirements per Ark. Code §§ 18-50-103 through 18-50-105.
Before any of this: Under Reg X (12 CFR 1024.41(f)), a servicer generally cannot make the first foreclosure filing until the borrower is more than 120 days delinquent. This applies in every state, on top of the state process below.
Cure, reinstate, redeem
Right to cure: Yes (varies). Under Ark. Code § 18-50-114, a borrower can cure the default and reinstate the mortgage at any time after the lender records the notice of default and intention to sell but before the foreclosure sale. The borrower must pay all amounts then due, including missed payments, accrued interest, costs, and fees. The statute does not specify a maximum number of days but ties the right to the recording and sale events.
Reinstatement: Yes (varies). Under Ark. Code § 18-50-114, reinstatement is available at any time after the notice of default is recorded and before the sale. When the default is cured and the mortgage or deed of trust is reinstated, the mortgagee or beneficiary must file a cancellation of the recorded notice of default and intention to sell. The statute does not impose a specific deadline measured in days but ties reinstatement to the recording and sale events.
Post-sale redemption: No. Arkansas law explicitly provides NO post-sale right of redemption for nonjudicial foreclosures. Ark. Code § 18-50-116(d)(1) states: 'Nothing in this chapter shall be construed to create an implied right of redemption in favor of any person' and 'a sale shall terminate all rights of redemption, and no person shall have a right to redeem the trust property after a sale.' A borrower's only option to prevent loss of the property is to reinstate or redeem (pay off) the full debt before the sale occurs under Ark. Code § 18-50-114.
Can a lender still come after you? (deficiency)
Deficiency judgment: Allowed, but limited in Arkansas. Under Ark. Code § 18-50-112, a deficiency judgment is allowed but is limited to the lesser of: (1) the indebtedness due at the date of sale, plus interest from the date of sale, costs, and trustee's and attorney's fees, minus the fair market value of the trust property; or (2) the indebtedness due at the date of sale, plus interest from the date of sale, costs, and trustee's and attorney's fees, minus the amount for which the trust property was sold. Additionally, Ark. Code § 18-50-107 prohibits any bid less than two-thirds (2/3) of the entire indebtedness due at the date of sale.
Deadline: Under Ark. Code § 18-50-112, the lender must file the deficiency judgment action within 12 months after the foreclosure sale. The lender bears the burden of proving the entire amount of indebtedness, the sale price, and the fair market value of the property.
This is condition-specific (a primary residence or a purchase-money loan can change the answer). Confirm with a Arkansas attorney before assuming you are or aren't on the hook.
What you should receive — and where to get help
Notices: Arkansas requires multiple notices under the Statutory Foreclosure Act: (1) Preforeclosure notice: At least 10 days before starting the foreclosure, the lender must mail a notice to the borrower including information about loan modification/forbearance assistance options and the loan details (Ark. Code § 18-50-103). (2) Notice of default and intention to sell: The lender must record this notice with the county recorder, and no sale can occur until at least 60 days after recordation (Ark. Code § 18-50-104). Within 30 days of recording, the lender must mail a copy of the notice by certified and first-class mail to the borrower and other interested parties. The notice must include bold warning language, names of parties, legal description and street address, recording information, the default reason, and contact information (Ark. Code § 18-50-104). (3) Publication notice: The notice must be published in a newspaper of general circulation (or statewide daily publication) in the county where the property is located once a week for four (4) consecutive weeks, with the last publication no less than 10 days before the sale date (Ark. Code § 18-50-105). The notice must also be posted at the county courthouse and on an internet foreclosure sale notice service (Ark. Code § 18-50-105). If a borrower applies for and is denied loan modification/forbearance, the mortgagee must certify to the trustee that the borrower was notified of denial at least 10 business days before the sale (Ark. Code § 18-50-103).
Mediation: No statewide program. Arkansas does not appear to have a mandatory state-level foreclosure mediation program. However, the state provides resources to homeowners through HUD-certified housing counselors (at no cost via agencies like Credit Counseling of Arkansas or through HUD's Making Home Affordable program). The Arkansas Homeowner Assistance Fund (HAF) previously provided foreclosure prevention counseling and assistance but is no longer accepting new applications as of the research date. Legal Aid of Arkansas offers free foreclosure defense services to qualifying homeowners. The Arkansas Attorney General's office provides information about loan modification options and foreclosure prevention resources.
How we verified this Arkansas page
- Arkansas Code Title 18, Subtitle 4, Chapter 50 (Statutory Foreclosures) - Justia — source
- Arkansas Code § 18-50-103 (Conditions to exercise of power of sale) - Justia — source
- Arkansas Code § 18-50-104 (Prerequisites for foreclosure sale - Contents of notice of sale) - Justia — source
- Arkansas Code § 18-50-105 (Publication of notice) - Justia — source
- Arkansas Code § 18-50-107 (Manner of sale) - Justia — source
- Arkansas Code § 18-50-112 (Deficiency judgment) - Justia — source
- Arkansas Code § 18-50-114 (Reinstatement of mortgage or deed of trust) - Justia — source
- Arkansas Code § 18-50-116 (Miscellaneous provisions) - Justia — source
- Arkansas Foreclosure Laws: Timeline, Process, and Homeowner Rights - Nolo — source
- Foreclosure - Arkansas Attorney General — source
Last reviewed 2026-06-08 by Shirley Chia. Foreclosure law changes; we re-check each state on a schedule. This page is general information, not legal advice for your situation — confirm with a HUD-approved housing counselor (free) or a licensed Arkansas attorney.