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Arkansas Code Title 14. Local Government § 14-15-405. Mortgages and deeds of trust

Current as of March 28, 2024 | Updated by FindLaw Staff

(a) This section may be known and cited as the “Master Mortgage or Deed of Trust Recording Act of 1967”.

(b)(1) An instrument containing a form or forms of covenants, conditions, obligations, powers, and other clauses of a mortgage or deed of trust may be recorded in the registry of deeds or mortgages of any county.

(2) The recorder of the county, upon the request of any person, on tender of the lawful fees therefor shall record the instrument in his or her registry.

(3) Every such instrument shall be entitled on the face thereof as a “Master form recorded by (name of person causing the instrument to be recorded).”

(4) The instrument need not be acknowledged to be entitled to record.

(c) When the instrument is recorded, the recorder shall index the instrument under the name of the person causing it to be recorded in the manner provided for miscellaneous instruments relating to real estate.

(d)(1) Thereafter any of the provisions of the master form instrument may be incorporated by reference in any mortgage or deed of trust of real estate situated within this state if the reference in the mortgage or deed of trust states:

(A) That the master form instrument was recorded in the county in which the mortgage or deed of trust is offered for record;

(B) The date when and the book and page where the master form instrument was recorded; and

(C) That a copy of the master form instrument was furnished to the person executing the mortgage or deed of trust.

(2) The recording of any mortgage or deed of trust which has so incorporated by reference therein any of the provisions of a master form instrument recorded as provided in this subsection shall have the same effect as if the provision of the master form so incorporated by reference had been set forth fully in the mortgage or deed of trust.

(e) Whenever a mortgage or deed of trust is presented for recording, on which is set forth matter purporting to be a copy or reproduction of the master form instrument or of part thereof, identified by its title as provided in subdivision (b)(3) of this section and stating the date when it was recorded and the book and page where it was recorded, preceded by the words “do not record” or “not to be recorded”, and plainly separated from the matter to be recorded as a part of the mortgage or deed of trust in such manner that it will not appear upon a photographic reproduction of any page containing any part of the mortgage or deed of trust, the matter shall not be recorded by the recorder to whom the instrument is presented for recording. In such a case the recorder shall record only the mortgage or deed of trust apart from the matter and shall not be liable for so doing, any other provisions of law to the contrary notwithstanding.

(f) This section shall be cumulative and supplemental to the laws of this state regarding the recording of instruments and shall repeal only such laws or parts of laws as are specifically in conflict herewith.

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Cite this article: FindLaw.com - Arkansas Code Title 14. Local Government § 14-15-405. Mortgages and deeds of trust - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-14-local-government/ar-code-sect-14-15-405/

Read this complete Arkansas Code Title 14. Local Government § 14-15-405. Mortgages and deeds of trust on Westlaw

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