Skip to main content
Find a Lawyer

Arkansas Code Title 18. Property § 18-40-107. Attestation or release instrument

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

(a) In all cases in which the party receiving satisfaction of any indebtedness secured by mortgage, deed of trust, or lien affecting real estate is required by law to acknowledge it on the margin of the record, the satisfaction shall be signed by the party and his or her signature shall be attested and dated by the clerk. The attestation by the clerk shall be evidence of the facts recited therein.

(b) The effectual discharge of any lien, deed of trust, or mortgage lien in note, bond, or other instrument may be made by a separate release deed or instrument duly executed, acknowledged, and recorded. This instrument when so recorded shall be of the same effect as a marginal entry.

(c)(1) Subsection (a) of this section does not apply in counties which use other than paper recording systems.

(2) In counties which use other than paper recording systems, the clerks shall not allow marginal notations of satisfaction of any indebtedness after December 31, 1995.

(3) In counties which use other than paper recording systems, marginal notations made after December 31, 1995, are void.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Arkansas Code Title 18. Property § 18-40-107. Attestation or release instrument - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-18-property/ar-code-sect-18-40-107/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard