How to Stop a Foreclosure in Arkansas
Reviewed by DocDraft Legal Team · Arkansas · Last updated 2026-08-31
Foreclosure is the legal process a lender uses to take and sell your home after you fall behind on the mortgage, and stopping it means curing the default before the sale is held. In Arkansas, most residential foreclosures are non-judicial power-of-sale sales under the Statutory Foreclosure Act of 1987 (Ark. Code Ann. Title 18, Ch. 50); judicial foreclosure remains available (Ark. Code Ann. § 18-50-116(a)). At least 60 days must elapse after the notice of default and intention to sell is recorded before the sale (§ 18-50-104(a)(2)), and the notice must be mailed within 30 days of recording. A borrower may cure and reinstate at any time after the notice is filed and before the sale by paying the entire amount then due plus costs and trustee's and attorney's fees (§ 18-50-114(a)(1)). There is no post-sale redemption after a power-of-sale foreclosure (§ 18-50-108(b)). A deficiency may be sought within 12 months of the sale but is capped by the property's fair market value (§ 18-50-112).
Find out where you stand in Arkansas
Where are you in the foreclosure process?
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How do I stop a foreclosure in Arkansas?
In Arkansas, most foreclosures are non-judicial power-of-sale sales under the Statutory Foreclosure Act (Ark. Code Ann. Title 18, Ch. 50). You can stop the sale by curing the default at any time after the notice of default is filed and before the sale, paying the entire amount then due plus costs and fees (§ 18-50-114(a)(1)), or by pursuing loss mitigation.
What is the foreclosure timeline in Arkansas?
Under Ark. Code Ann. § 18-50-104, at least 60 days must elapse after the notice of default and intention to sell is recorded before the sale may be held. The notice must be mailed to the borrower within 30 days of recording by certified and first-class mail, so a power-of-sale foreclosure takes a minimum of about two months.
Can I reinstate my mortgage to stop foreclosure in Arkansas?
Yes. Under Ark. Code Ann. § 18-50-114(a)(1), an Arkansas borrower may cure and reinstate at any time after the notice of default and intention to sell is filed and before the sale by paying the entire amount then due plus costs and trustee's and attorney's fees. On cure, the loan is reinstated and the proceedings dismissed.
Can the lender pursue me for the balance after foreclosure in Arkansas?
Yes, but it is limited. Under Ark. Code Ann. § 18-50-112, a money judgment may be sought within 12 months after the sale, but recovery is capped at the lesser of the debt minus the property's fair market value or the debt minus the sale price. This fair-value credit limits what the lender can collect.
Arkansas foreclosure law at a glance
Arkansas foreclosure is governed by the Statutory Foreclosure Act of 1987 (Ark. Code Ann. Title 18, Ch. 50) for non-judicial power-of-sale sales, which predominate; judicial foreclosure remains available (§ 18-50-116(a)). At least 60 days must elapse after the notice of default and intention to sell is recorded before the sale (§ 18-50-104(a)(2)), and the notice must be mailed to the borrower within 30 days of recording by certified and first-class mail. The borrower may cure and reinstate at any time after the notice is filed and before the sale by paying the entire amount then due plus costs and trustee's and attorney's fees (§ 18-50-114(a)(1)). There is no post-sale redemption after a power-of-sale sale (§ 18-50-108(b)). A deficiency may be sought within 12 months of the sale but is capped by the property's fair market value (§ 18-50-112).
Curing an Arkansas power-of-sale foreclosure before the sale
Suppose you fall behind on your Arkansas mortgage and the lender records a notice of default and intention to sell. Under Ark. Code Ann. § 18-50-104, at least 60 days must elapse before the sale, and the notice must be mailed to you within 30 days of recording. During that window you can cure and reinstate at any time before the sale under § 18-50-114(a)(1) by paying the entire amount then due plus costs and trustee's and attorney's fees; on cure the loan is reinstated and the proceedings dismissed. You could also apply for a loan modification or work with a HUD-approved counselor. Because there is no post-sale redemption after a power-of-sale sale (§ 18-50-108(b)), acting before the sale is essential. Any later deficiency is capped by fair market value under § 18-50-112. Attorney review of your paperwork is available through DocDraft.
Court Resources
Find a HUD-Approved Housing Counselor (CFPB)
Free tool to locate HUD-approved housing counseling agencies that help Arkansas homeowners with loss mitigation, loan modification, and lender negotiations at no cost.
Arkansas Development Finance Authority
State housing finance agency offering homeownership programs and resources for Arkansas homeowners facing hardship, delinquency, or foreclosure.
Arkansas Judiciary
Official portal of the Arkansas courts, useful if your lender elects to foreclose judicially rather than through a power-of-sale sale.
Legal Aid of Arkansas
Nonprofit providing free civil legal aid to income-qualified Arkansas residents, including housing and foreclosure matters.
Relevant Laws
Ark. Code Ann. § 18-50-116 (Statutory Foreclosure Act; judicial foreclosure preserved)
Confirms that the Act's non-judicial power-of-sale procedures do not impair or affect the right to bring a judicial action to foreclose a mortgage or deed of trust, and that the Act creates no implied right of redemption.
Ark. Code Ann. § 18-50-104 (Notice of default and intention to sell; 60-day period)
Requires at least 60 days to elapse after the notice of default and intention to sell is recorded before the sale, and requires the notice to be mailed to the borrower within 30 days of recording by certified and first-class mail.
Ark. Code Ann. § 18-50-114 (Cure and reinstatement before the sale)
Lets the borrower cure and reinstate at any time after the notice of default is filed and before the sale by paying the entire amount then due plus costs and trustee's and attorney's fees, dismissing the proceedings.
Ark. Code Ann. § 18-50-108 (Sale terminates redemption rights)
Provides that a power-of-sale sale terminates all rights of redemption and that no person may redeem the trust property after a sale.
Ark. Code Ann. § 18-50-112 (Deficiency; 12-month limit and fair-value cap)
Allows a money judgment for the balance within 12 months after the sale, capped at the lesser of the debt minus the property's fair market value or the debt minus the amount for which it sold.
Regional Variances
Arkansas foreclosure rules vs national norms
Process type
Predominantly non-judicial power-of-sale sales under the Statutory Foreclosure Act of 1987 (Ark. Code Ann. Title 18, Ch. 50). Judicial foreclosure remains available and is not impaired by the Act (§ 18-50-116(a)).
Notice timeline
At least 60 days must elapse after the notice of default and intention to sell is recorded before the sale (§ 18-50-104(a)(2)). The notice must be mailed to the borrower within 30 days of recording by certified and first-class mail.
Reinstatement right
Strong. The borrower may cure and reinstate at any time after the notice is filed and before the sale by paying the entire amount then due plus costs and fees (§ 18-50-114(a)(1)). On cure, the loan is reinstated and the proceedings dismissed.
Redemption after sale
None after a power-of-sale sale. The sale terminates all rights of redemption (§ 18-50-108(b)), and the Act creates no implied redemption right (§ 18-50-116(d)(1)).
Deficiency judgment
Allowed but limited. A money judgment may be sought within 12 months after the sale, capped at the lesser of the debt minus fair market value or the debt minus the sale price (§ 18-50-112). This fair-value cap is more protective than states with no such limit.
Non-judicial vs judicial foreclosure in Arkansas
Non-judicial power-of-sale sale (the common path)
Conducted out of court under the Statutory Foreclosure Act (Ark. Code Ann. Title 18, Ch. 50). At least 60 days pass from the recorded notice to the sale, and the borrower may cure before the sale. There is no post-sale redemption, and any deficiency is capped by fair market value under § 18-50-112.
Judicial foreclosure (the alternative path)
Filed as a court action and decided by a court; the Act does not impair this route (§ 18-50-116(a)). It is slower and less common. A borrower served with a summons and complaint must file a written response by the stated deadline or risk a default judgment.
Suggested Compliance Checklist
Confirm whether your foreclosure is non-judicial or judicial
As soon as you fall behind or receive any notice days after startingMost Arkansas foreclosures are non-judicial power-of-sale sales under the Statutory Foreclosure Act (Ark. Code Ann. Title 18, Ch. 50), handled out of court. Judicial foreclosure remains available and is filed as a lawsuit. The type determines your deadlines and whether a court response is required.
Read the notice of default and calendar the 60-day period
Immediately upon receiving the notice of default and intention to sell days after startingAt least 60 days must elapse after the notice of default and intention to sell is recorded before the sale (Ark. Code Ann. § 18-50-104), and the notice must be mailed within 30 days of recording. Note the recording date and calendar the earliest possible sale date so you can act in time.
Contact your servicer and apply for loss mitigation or a loan modification
As early as possible, during the notice period days after startingAsk your loan servicer about a loan modification, forbearance, repayment plan, short sale, or deed in lieu. A hardship letter and financial documentation usually support the request. Approval can pause or stop the sale. Attorney review of your loss-mitigation package is available through DocDraft.
Cure and reinstate before the sale
At any time after the notice is filed and before the sale days after startingUnder Ark. Code Ann. § 18-50-114(a)(1), you may cure and reinstate before the sale by paying the entire amount then due plus costs and trustee's and attorney's fees. Request a written cure figure from the trustee or servicer and confirm the exact amount and deadline, since cure reinstates the loan and dismisses the proceedings.
Consult a HUD-approved housing counselor
As early as possible in the process days after startingHUD-approved housing counseling agencies assist Arkansas homeowners with loss mitigation and lender negotiations at no cost. Use the CFPB counselor finder to locate one. A counselor can help you compare curing the default, a loan modification, and other options before the sale date.
Respond in writing if you are served with a judicial foreclosure lawsuit
By the deadline stated on the summons days after startingIf your lender forecloses judicially, you are served with a summons and complaint and must file a written response by the deadline stated or risk a default judgment. Confirm your response deadline carefully. Attorney review is available through DocDraft.
Understand the capped deficiency before signing anything
Before agreeing to any sale, short sale, or deed in lieu days after startingUnder Ark. Code Ann. § 18-50-112, a deficiency may be sought within 12 months of the sale but is capped at the lesser of the debt minus fair market value or the debt minus the sale price. Understand how the fair-value credit applies to your loan before agreeing to a sale or deed in lieu.
Keep written records of every notice, payment, and communication
Throughout the process days after startingSave the notice of default and intention to sell, cure and payoff quotes, and all servicer correspondence, with dates. These records fix your deadlines under Ark. Code Ann. § 18-50-104 and support a cure under § 18-50-114, and they document any servicing errors. Attorney review of your file is available through DocDraft.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm whether your foreclosure is non-judicial or judicial | Most Arkansas foreclosures are non-judicial power-of-sale sales under the Statutory Foreclosure Act (Ark. Code Ann. Title 18, Ch. 50), handled out of court. Judicial foreclosure remains available and is filed as a lawsuit. The type determines your deadlines and whether a court response is required. | - | As soon as you fall behind or receive any notice |
| Read the notice of default and calendar the 60-day period | At least 60 days must elapse after the notice of default and intention to sell is recorded before the sale (Ark. Code Ann. § 18-50-104), and the notice must be mailed within 30 days of recording. Note the recording date and calendar the earliest possible sale date so you can act in time. | - | Immediately upon receiving the notice of default and intention to sell |
| Contact your servicer and apply for loss mitigation or a loan modification | Ask your loan servicer about a loan modification, forbearance, repayment plan, short sale, or deed in lieu. A hardship letter and financial documentation usually support the request. Approval can pause or stop the sale. Attorney review of your loss-mitigation package is available through DocDraft. | - | As early as possible, during the notice period |
| Cure and reinstate before the sale | Under Ark. Code Ann. § 18-50-114(a)(1), you may cure and reinstate before the sale by paying the entire amount then due plus costs and trustee's and attorney's fees. Request a written cure figure from the trustee or servicer and confirm the exact amount and deadline, since cure reinstates the loan and dismisses the proceedings. | - | At any time after the notice is filed and before the sale |
| Consult a HUD-approved housing counselor | HUD-approved housing counseling agencies assist Arkansas homeowners with loss mitigation and lender negotiations at no cost. Use the CFPB counselor finder to locate one. A counselor can help you compare curing the default, a loan modification, and other options before the sale date. | - | As early as possible in the process |
| Respond in writing if you are served with a judicial foreclosure lawsuit | If your lender forecloses judicially, you are served with a summons and complaint and must file a written response by the deadline stated or risk a default judgment. Confirm your response deadline carefully. Attorney review is available through DocDraft. | - | By the deadline stated on the summons |
| Understand the capped deficiency before signing anything | Under Ark. Code Ann. § 18-50-112, a deficiency may be sought within 12 months of the sale but is capped at the lesser of the debt minus fair market value or the debt minus the sale price. Understand how the fair-value credit applies to your loan before agreeing to a sale or deed in lieu. | - | Before agreeing to any sale, short sale, or deed in lieu |
| Keep written records of every notice, payment, and communication | Save the notice of default and intention to sell, cure and payoff quotes, and all servicer correspondence, with dates. These records fix your deadlines under Ark. Code Ann. § 18-50-104 and support a cure under § 18-50-114, and they document any servicing errors. Attorney review of your file is available through DocDraft. | - | Throughout the process |
Frequently Asked Questions
Foreclosure is the legal process a lender uses to take and sell your home when you fall behind on the mortgage. In Arkansas, most foreclosures are non-judicial, meaning the lender sells the property under a power of sale without a court case, under the Statutory Foreclosure Act (Ark. Code Ann. Title 18, Ch. 50). Judicial foreclosure is also available.
A non-judicial foreclosure is conducted out of court under a power of sale, following the Statutory Foreclosure Act's notice and timing rules (Ark. Code Ann. Title 18, Ch. 50), and is the common Arkansas route. A judicial foreclosure is filed as a court action and remains available; the Act does not impair the right to foreclose judicially (§ 18-50-116(a)).
Under Ark. Code Ann. § 18-50-104, at least 60 days must elapse after the notice of default and intention to sell is recorded before the sale may be held. The notice must also be mailed to the borrower within 30 days of recording by both certified and first-class mail, giving you a defined window to respond.
Yes. Under Ark. Code Ann. § 18-50-114(a)(1), you may cure and reinstate at any time after the notice of default and intention to sell is filed and before the sale, by paying the entire amount then due plus costs and trustee's and attorney's fees. On cure, the loan is reinstated and the foreclosure proceedings are dismissed.
No. Under Ark. Code Ann. § 18-50-108(b), a power-of-sale sale terminates all rights of redemption, and no person may redeem the property after the sale. Section 18-50-116(d)(1) confirms the Act creates no implied redemption right. Because there is no post-sale redemption, curing before the sale is the way to keep the home.
Yes, but it is limited. Under Ark. Code Ann. § 18-50-112, a money judgment for the balance may be sought within 12 months after the sale, but recovery is capped at the lesser of the debt minus the property's fair market value or the debt minus the sale price. That fair-value credit limits the deficiency.
After the notice of default and intention to sell is recorded, the lender mails it to you within 30 days, and at least 60 days must pass before the sale (Ark. Code Ann. § 18-50-104). During that period you may cure and reinstate under § 18-50-114 or pursue loss mitigation with the servicer to avoid the sale.
Arkansas homeowners can get free help from HUD-approved housing counseling agencies, which assist with loss mitigation and lender negotiations at no cost. The Arkansas Development Finance Authority offers homeowner resources, and Legal Aid of Arkansas helps income-qualified residents. Acting well before the sale date gives you the most options.
Other Arkansas guides
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