DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Title in a Minute with Shawn Tidwell

State Library

Arkansas

Mechanics' liens, recording formalities, future advances, subdivision rules, title premiums and recording taxes in Arkansas, in plain English with statute cites. Last researched Oct 2026.

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Title in a Minute · www.titleinaminute.com/library/states/arkansas · Printed reference copy.

DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Key quirkLenders can rely on a non-commencement affidavit, with an inspection within 4 business days of recording.

Arkansas at a Glance

Topic Arkansas answer Where it comes from
Lien filing Lien account filed with the circuit clerk within 120 days after last work or materials Ark. Code § 18-44-117
Residential notice Residential contractor must give the statutory owner notice before work starts (1-4 units) or no lien Ark. Code § 18-44-115(a)
Commercial notice Subs and suppliers must notify owner and contractor within 75 days of furnishing Ark. Code § 18-44-115(b)
Enforcement Suit plus lis pendens within 15 months after filing Ark. Code § 18-44-119
Priority All liens relate back to commencement of construction; construction mortgages recorded first keep priority Ark. Code § 18-44-110
Non-commencement affidavit Construction lender may conclusively rely on an affidavit of no work if the inspection and filing occur within 4 business days before or after the mortgage is filed Ark. Code § 18-44-110(b)(1)(B)(ii)
Deed transfer tax $3.30 per $1,000 ($1.10 plus $2.20) of consideration over $100; affidavit of compliance on the deed Ark. Code § 26-60-105
Mortgage/indebtedness tax None (no state statute)
Future advances Case law: optional advances keep priority unless the lender has actual notice of the intervening lien Alston v. Bitely, 252 Ark. 79 (1972)
Title premium regulation Not filed or reviewed; only closing protection letter forms and charges are filed (20 days before use) Ark. Code §§ 23-67-203, 23-103-405; 23 CAR § 204-116

1. Mechanic's Lien Rules

Plain English

Arkansas lien claimants file a lien account with the circuit clerk (not the recorder) within 120 days after their last work or materials. The filing must include a sworn affidavit of notice showing the required notices were given; the clerk will refuse a filing without it. On homes with four or fewer units, the residential contractor must give the owner a statutory notice before work begins; if the owner never receives it, no one gets a lien. The notice isn't required when the contractor furnishes a performance and payment bond or the owner buys directly from the claimant. On commercial jobs, subs and suppliers must notify the owner and contractor within 75 days that they are owed money. All liens share equal priority and relate back to when construction first commenced (a visible start, like material delivery or grading). A mortgage recorded before commencement keeps priority, and a construction mortgage recorded first beats all the liens. Suit must be filed with a lis pendens within 15 months after the lien is filed.

Key Rules

Filing (Ark. Code § 18-44-117). 120 days; circuit clerk; affidavit of notice and proof of service attached; street address is not a sufficient description.

Residential pre-work notice (Ark. Code § 18-44-115(a)). Residential contractor gives it before work begins, by personal delivery or certified mail; the owner must receive at least one copy for any lien on 1-4 unit residential property. Exceptions: a performance and payment bond, or a direct sale to the owner.

Commercial notice (Ark. Code § 18-44-115(b)). Within 75 days of furnishing, to owner and contractor.

Priority (Ark. Code § 18-44-110). Equal priority among liens from commencement (a visible start such as material delivery, grading, staking or demolition); prior encumbrances keep priority; a construction mortgage recorded first has priority over all the liens; if construction began first, only liens for work or materials furnished before the mortgage was recorded beat it. Non-commencement affidavit: by a licensed appraiser, architect, surveyor or engineer (for 1-4 family homes, also a lender employee or designee or a licensed title agent), with the inspection and filing within 4 business days before or after the mortgage is filed.

Duration (Ark. Code § 18-44-119). 15 months; suit and lis pendens.

Practice Points

  1. Search the circuit clerk's lien records, not just the land records.
  2. Construction loans: record before any visible start, and get the non-commencement affidavit inspected and filed within 4 business days before or after the mortgage is filed.
  3. Residential deals: ask whether the contractor gave the pre-work notice; if not, sub liens generally fail.

Citations

2. Execution and Notarization Requirements for Recording

Plain English

Arkansas deeds are acknowledged and recorded with the circuit clerk / recorder of the county. The real property transfer tax is $3.30 per $1,000 of consideration: $1.10 under § 26-60-105(a) plus an additional $2.20 under § 26-60-105(b), which that subsection says is paid by the purchaser. Unless the parties agree otherwise, § 26-60-106 splits the tax one-half seller, one-half buyer. The tax is based only on the consideration for the real estate, not personal property. An unrecorded deed is not good against a later purchaser for value without actual notice or a judgment creditor (§ 14-15-404). Arkansas electronic notaries may notarize online for remote signers (§ 21-14-309).

Key Rules

  • Transfer tax (Ark. Code §§ 26-60-105, 26-60-106). $1.10 plus $2.20 per $1,000 or fraction; only the real estate consideration; split one-half each unless agreed otherwise.
  • Recording act (Ark. Code § 14-15-404). A recorded instrument is constructive notice from filing. An instrument affecting title isn't good against a later purchaser for value without actual notice, or a judgment creditor, unless duly executed, acknowledged and filed with the county clerk and ex officio recorder.
  • Remote notarization (Ark. Code § 21-14-309). An electronic notary physically in Arkansas may notarize online through an approved solution provider, with identity verification and an audiovisual recording; the certificate must say it was an online notarization.

Practice Points

  1. Compute the tax per $1,000 (round fractional thousands up).
  2. Allocate personal property separately when it's part of the deal.
  3. Check remote notarization compliance on remotely signed documents.

Citations

3. Securing Future Advances

Plain English

No general Arkansas future-advance statute was found; priority comes from case law. Arkansas case law holds that a prior recorded mortgage securing optional future advances stays ahead of an intervening lien unless the first lender had actual knowledge of that lien (record notice alone is not enough). A construction mortgage recorded before commencement also has a statutory edge over lien claimants (§ 18-44-110).

Key Rules

  • Optional advances (Alston v. Bitely, 252 Ark. 79, 477 S.W.2d 446 (1972)). Priority unless the first lender has knowledge or actual notice (not mere record notice) of the intervening lien. Followed in Union Nat'l Bank v. First State Bank & Trust Co., 16 Ark. App. 116, 697 S.W.2d 940 (1985).
  • Construction mortgages (Ark. Code § 18-44-110(b)). Priority over lien claimants if recorded before commencement.

Practice Points

  1. Read the future-advance clause in any credit-line mortgage.
  2. Junior lenders: give the first lender actual written notice.
  3. HELOC payoffs: get a freeze or close-out letter.

Citations

4. Subdivision Statutes and Regulations

Plain English

Arkansas cities and counties regulate subdivisions under their planning statutes, and plats are recorded after approval. Where a city regulates lot splits, a deed can't be presented for recording unless the lot is on a filed plat or the deed carries an approved plat (§ 14-56-417). Under a county subdivision ordinance, plats of two or more parcels need county planning board approval before recording (§ 14-17-208). The filed Lang Properties case is a reminder that tax-sale titles can still carry municipal clean-up liens.

Key Rules

  • Municipal development regulations (Ark. Code § 14-56-417). Plat contents, design and improvement standards, lot splits and the approval procedure.
  • County subdivision ordinance (Ark. Code § 14-17-208). Plats of two or more parcels go to the county planning board; no plat in an unincorporated area may be presented for recording without its approval.
  • Tax sales don't clear municipal liens (Lang Properties, LLC v. Grober, 2026 Ark. App. 281). A Commissioner of State Lands tax deed did not extinguish the city's clean-up liens, which § 14-54-904 lets the city enforce for 10 years after filing.

Practice Points

  1. New lot? Confirm the approved, recorded plat.
  2. Tax deeds: search for municipal clean-up liens (filed Lang Properties).
  3. Read plat notes and dedications.

Citations

5. Title Premium Rates

Plain English

Arkansas is one of the least regulated title rate states. By statute, the Insurance Commissioner may not require title insurance rates or premiums to be filed or otherwise reviewed. The one exception is closing protection: the form and charge must be filed at least 20 days before first use, the agency must offer it, and the charge goes solely to the insurer. "Premium" (the insurer's risk portion) matters for premium tax; search, closing, and document fees are not premium.

Key Rules

  • No rate filing (Ark. Code § 23-67-203; 23 CAR § 204-116).
  • Closing protection (Ark. Code § 23-103-405(c); 23 CAR § 204-113). Filed 20 days before use; offered in writing.
  • Monoline (Ark. Code § 23-103-405(a)).

Practice Points

  1. Offer closing protection in writing and get the parties' election.
  2. Separate premium from fees for premium tax reporting.

Citations

6. Recording Taxes & Fees on Deeds and Mortgages

Plain English

Arkansas charges a real property transfer tax of $3.30 per $1,000 of the price. Documentary stamps are sold by state revenue offices and, on consignment, by title companies, banks and savings and loans (§ 26-60-109), and a Real Property Transfer Tax Affidavit of Compliance goes with the deed (§ 26-60-107). Arkansas has no mortgage tax.

Key Rules

(a) Deed transfer, conveyance or excise tax

  • Rate. $3.30 per $1,000 of consideration ($1.10 plus an additional $2.20) on consideration over $100 (§ 26-60-105).
  • Who pays. Unless agreed otherwise, one-half by the seller and one-half by the buyer (§ 26-60-106); § 26-60-105(b) says the additional $2.20 is paid by the purchaser.
  • No local add-ons or entity-transfer tax found.

(b) Mortgage, indebtedness or intangible tax

  • None. Arkansas has no mortgage, indebtedness or intangible tax on recording a mortgage or deed of trust, so future advances, credit lines, refinances and modifications carry no state recording tax (only recording fees).

(c) Other recording taxes and fees

  • Recording fees (§ 21-6-306): $15 for the first page and $5 for each additional page; assignments, releases, modifications and corrections that list several earlier instruments add $15 per instrument listed, up to $300.

Practice Points

  1. Worked example. A $400,000 sale: $1,320 transfer tax.
  2. No mortgage tax on loans.

Citations

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