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2017 Arkansas Code
Title 18 - Property
Subtitle 4 - Mortgages and Liens
Chapter 40 - Mortgages
§ 18-40-106. Sufficiency of satisfaction -- Transfer or assignment
Universal Citation: AR Code § 18-40-106 (2017)
- (a)
- (1) Satisfaction of any mortgage, deed of trust, vendor's lien, or lien retained in deed or note made and endorsed on the margin of the record where the instrument is recorded by the mortgagee, trustee, beneficiary, agent of the owner of record of the indebtedness, or by the owner of record thereof, shall be full and complete protection for any subsequent purchaser, mortgagee, or judgment creditor of the mortgagor or grantor, unless there shall appear on the margin of the record where the instrument is recorded a memorandum showing that the mortgage, deed of trust, vendor's lien, lien retained in deed or note, or other evidence of indebtedness secured thereby has been transferred or assigned.
- (2) The memorandum shall be signed by the transferor or assignor, giving the name of the transferee or assignee, together with the date of the transfer or assignment, the signature to be attested and dated by the clerk.
- (b) Where it shall appear from a memorandum endorsed upon the margin of the record and attested as provided in subsection (a) of this section that the mortgage, deed of trust, vendor's lien, or other evidence of indebtedness has been transferred, satisfaction shall be made by the party appearing therein as the transferee.
- (c)
- (1) This section does not apply in counties which use other than paper recording systems.
- (2) The clerks in counties that use other than paper recording systems shall not allow any marginal endorsements to be made after December 31, 1995.
- (3) In counties which use other than paper recording systems, marginal endorsements made after December 31, 1995, are void.
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