Skip to main content

Arkansas Code Title 18. Property § 18-40-108. Pre-existing releases

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.

(a) All releases of mortgages, liens, liens under deeds of trust, vendor's liens, or other liens appearing upon the record, either upon the margin of the record of the instrument reserving the lien or by separate instrument upon the record, when appearing upon the record as of the date of the passage of this act, shall be valid and effectual as a release of the lien as fully as if executed by the person entitled to release it whether the releases purport to be executed by the:

(1) Mortgagee, trustee, or the beneficiary in the lien;

(2) Agent or attorney of the mortgagee, trustee, or beneficiary;

(3) Circuit clerk or his or her deputy;

(4) Assignee of any notes secured by the liens;  or

(5) Assignee of the instrument reserving a lien.

(b)(1) The clerks in counties which use other than paper recording systems shall not allow marginal releases to be entered after December 31, 1995.

(2) Marginal releases entered after December 31, 1995, are void.

Cite this article: FindLaw.com - Arkansas Code Title 18. Property § 18-40-108. Pre-existing releases - last updated January 01, 2020 | https://codes.findlaw.com/ar/title-18-property/ar-code-sect-18-40-108/


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 or via Westlaw before relying on it for your legal needs.

Copied to clipboard