Arkansas has a Statutory Foreclosure Act that lets a trustee or mortgagee use a power of sale once conditions are met, including a period of at least 60 days after the notice of default and intention to sell is recorded. For construction lending, Act 479 of 2025 addresses how liens rank against a mortgage that funds construction, and the state's courts summarize a 120-day window to file a materialmen's lien account. In the northeast, the Arkansas Geological Survey identifies the New Madrid seismic zone.
World's Fair Capital makes business purpose loans to real estate investors in Arkansas: fix and flip, DSCR rental, bridge and ground-up construction. This page covers points that most often matter to an investor there, each checked against the statute or agency that publishes it. It is general information, not legal or tax advice, and terms for any loan are set at underwriting.
Prepared by the WFC editorial team. Facts checked against the cited sources, last reviewed 2026-10-11.
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- 2Review the term sheet
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- 3Underwriting
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- 4Closing
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What investors should know about Arkansas
Statutory foreclosure waiting period
Under Arkansas's Statutory Foreclosure Act of 1987, as amended by Act 983 of 1999, a trustee or mortgagee may not exercise a power of sale until stated conditions are met. One condition is that at least 60 days have passed since the notice of default and intention to sell was recorded.
Source: Arkansas Act 983 of 1999 (Statutory Foreclosure Act amendments, Ark. Code 18-50), checked 2026-10-11
Deed of trust with power of sale
Arkansas's Statutory Foreclosure Act defines a deed of trust as a deed conveying real property in trust to secure an obligation and giving the trustee a power of sale on breach. It also defines a mortgage separately.
Source: Arkansas Act 983 of 1999 amending Ark. Code 18-50-101, checked 2026-10-11
Construction loan lien priority
Act 479 of 2025 amends Arkansas law on mechanics' and materialmen's liens in mortgage construction loans. Where a prior encumbrance was given to fund construction or repair of the improvement, it has priority over liens under the subchapter, with stated rules if work began before the mortgage was recorded.
Source: Arkansas Act 479 of 2025 (Ark. Code 18-44-110), checked 2026-10-11
Materialmen's lien filing window
The Arkansas Judiciary's appellate update summarizes a court decision stating that a materialmen's lien account must be filed within 120 days after the work or materials, and that actions to enforce must start within fifteen months after filing.
Source: Arkansas Judiciary, Appellate Update (October 2023), summarizing Ark. Code 18-44-117, checked 2026-10-11
New Madrid Seismic Zone
The Arkansas Geological Survey describes the New Madrid seismic zone as an active fault system reaching from Cairo, Illinois to Marked Tree, Arkansas, in northeast Arkansas. Earthquake coverage and local ground conditions are common diligence items there.
Source: Arkansas Geological Survey, Earthquakes in Arkansas, checked 2026-10-11
General information, not legal or tax advice. Confirm details with your own counsel or title agent.
For brokers
Placing a deal in Arkansas?
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What to send for a first look
- Property address and type
- Purchase price, or current value on a refinance
- Loan amount requested and what it is for
- Rehab or construction budget, if any
- Current or expected rent on a rental
- The borrower's experience and estimated credit score
- Your timeline to close
Loan programs for Arkansas investors
- Hard Money Loans
- Fix & Flip Loans
- Rental / DSCR Loans
- Ground-Up Construction Loans
- Commercial Bridge Loans
- Multifamily Bridge Loans
- Small Balance Commercial Loans
- Foreign National Loans
- FlexCap Business Bridge Loans
Program availability varies by property and borrower. Business purpose loans only.
Have a deal in Arkansas?
Call 800-590-7911 (Mon–Fri 8:00 AM – 5:00 PM EST) or start online.
Nothing on this website constitutes a commitment, approval, or guarantee of financing.
Rates, fees, terms, timelines, and program descriptions are subject to change without notice.
Any investor-related or capital discussion is not an offer to sell, a solicitation to buy, or a recommendation of any security or investment product.