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Arkansas Code of 1987 (2024)
Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106)
Subtitle 4 - MORTGAGES AND LIENS (§§ 18-40-101 — 18-50-117)
Chapter 50 - STATUTORY FORECLOSURES (§§ 18-50-101 — 18-50-117)
Section 18-50-115 - Implied powers in mortgages
Universal Citation:
AR Code § 18-50-115 (2024)
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- (a)
- (1) Subject to the provisions of § 18-50-114 and notwithstanding the terms of the mortgage, a power of sale is implied in every mortgage of real property situated in this state that is duly acknowledged and recorded.
- (2) The exercise of the implied power of sale shall be pursuant to the provisions of this chapter.
- (b) A mortgagor and his or her successor in interest shall have the rights and duties of a grantor, and a mortgagee and his or her successor in interest shall have the rights and duties of a trustee and a beneficiary.
- (c) The mortgagee shall comply with §§ 18-50-103 - 18-50-107, 18-50-109, and 18-50-110 [repealed], and the mortgagee's deed shall comply with § 18-50-111.
Acts 1987, No. 53, § 15.
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