Arkansas Legislative Update

Arkansas Legislative Update

The Arkansas legislature recently amended its laws governing satisfaction of liens, effective April 2, 2015.

 

ARKANSAS SENATE BILL 937

 

If a person receiving satisfaction does not, within 60 days after being requested, acknowledge satisfaction or fails to cause the trustee to reconvey the property, then, in addition to the rights to receive a civil penalty if the trustee fails to reconvey, a satisfaction affidavit may be recorded in the county where the lien is recorded which will have the same effect as an acknowledgment of satisfaction or a reconveyance of the property.

 

A satisfaction affidavit may be executed and recorded by a:

  • Licensed attorney who prepared the original mortgage or deed of trust;
  • Licensed attorney who represents the person making or having received satisfaction; or
  • Licensed title agent employed by a title company that tendered the satisfaction on behalf of the person making satisfaction.

 

A satisfaction affidavit must:

  • Be sworn to and acknowledged before a person authorized to administer an oath under the laws of Arkansas;
  • Conspicuously identify in its title that it is a “Satisfaction Affidavit”; and
  • Contain the following information concerning the satisfaction:
    • The name of all parties to the original instrument;
    • The recording information, including the recording date of the original instrument;
    • The date of payment and the amount paid to satisfy the indebtedness; and
    • That more than 60 days have elapsed since the request for the acknowledgment of satisfaction.

 

A satisfaction affidavit may be prepared in substantially the following form:

 

SATISFACTION AFFIDAVIT

 

KNOW ALL PERSONS BY THESE PRESENTS that:

 

I, [Name of Affiant], am the [Attorney for the Mortgagor or Employee of a Title Company that Tendered the Satisfaction on Behalf of the Mortgagor].

 

[Name of Mortgagor] mortgaged certain real property to [Name of Mortgagee] to secure the original principal indebtedness of [Amount of Indebtedness] which was evidenced by that certain [Name of Instrument] recorded on [Date] in the real property records of [Name of County] County, Arkansas as [Instrument Number or Book and Page].

 

On [Date], [Name of Mortgagor] tendered to [Name of Mortgagee] the sum of [Amount of Satisfaction], which sum represents the full satisfaction of the amount due on the [Name of Instrument]. [Name of Mortgagor] requested from [Name of Mortgagee] an acknowledgment of satisfaction on [Date]. More than sixty (60) days have elapsed since the request of the acknowledgement of satisfaction.

Further affiant sayeth naught.

 

WITNESS my hand and seal on this ___________ day of __________, 20____.

 

[Signature]

 

Name printed:

ACKNOWLEDGMENT

STATE OF                                          }

}ss.

COUNTY OF                                                 }

 

On this __________ day of ___________, 20____, before me, a Notary Public in and for the said county and state, personally appeared, to me well known, and acknowledged that [he/she] had executed the foregoing document for the consideration, uses, and purposes therein mentioned and set forth.

 

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

 

Notary Public

 

My Commission Expires:

 

A satisfaction affidavit that complies with the above requirements and is in substantially the form provided above or in a custom form must  be:

  • Recorded by the county recorder in the land records of the county where the real property is located; and
  • Indexed by the county recorder in the same manner as an acknowledgment of satisfaction.