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Ark. Code Ann. § 18-50-111

Form and effect of trustee's or mortgagee's deed

Applied in 2 court decisions — leading case Matlock v. Lomas Mortgage U.S.A., Inc. (In Re Matlock) (1993)

Most recently applied in In Re Jenkins (January 2010)

Acts 1987, No. 53, § 11; 1999, No. 983, § 10.

(1) The trustee's or mortgagee's deed shall contain recitals of compliance with the requirements of this chapter relating to the exercise of the power of sale and sale of the trust property, including recitals concerning mailing and publication of notice of default and intention to sell and the conduct of the sale.

(2) Upon the filing of the deed for record with the recorder of the county in which the trust property is situated, the recitals shall be prima facie evidence of the truth of the matters set forth therein, but the recitals shall be conclusive in favor of a purchaser for value in good faith relying upon them.

(3) The trustee's or mortgagee's deed shall convey to the purchaser all right, title, and interest in the trust property the mortgagor or grantor had or had the power to convey at the time of the execution of the mortgage or deed of trust, together with all right, title, and interest in the mortgagor or grantor or their successors in interest acquired after the execution of the mortgage or deed of trust, and the conveyance shall be deemed effective and relate back to the time of the sale.

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.