Public-domain · open source
OpenJurist

Ark. Code Ann. § 16-117-208

Receiver to preserve mortgaged property

Acts 1931, No. 253, § 1; Pope's Dig., §§ 9469, 11190, A.S.A. 1947, § 36-113.

In an action by a mortgagee for the foreclosure of his or her mortgage, and the sale of the mortgaged property, a receiver may be appointed where it appears that the mortgaged property is in danger of being lost, removed, or materially injured, or that the conditions of the mortgage have not been performed and that the property is probably insufficient to discharge the mortgage debt. However, no receiver shall be appointed at the instance of the holder of the mortgage where it appears that the debtor or mortgagor has mortgaged his or her crops, or his or her interest therein, for the purpose of obtaining money or supplies for the making of the crop or waived his or her rents for that purpose, and that the mortgage debt or the consideration for the waiver of rents has not been repaid.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.