An act CONCERNING INSTRUMENTS AFFECTING TITLE TO 10 PROPERTY, the official text

Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas      As Engrossed: S3/17/25 S3/19/25 S4/7/25

2 95th General Assembly      A Bill

3 Regular Session, 2025                                           SENATE BILL 406

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5 By: Senator A. Clark

6 By: Representative Warren

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8                            For An Act To Be Entitled

9            AN ACT CONCERNING INSTRUMENTS AFFECTING TITLE TO

10           PROPERTY; TO REQUIRE A COUNTY RECORDER TO VERIFY

11           CERTAIN INFORMATION BEFORE RECORDING A DEED TO REAL

12           ESTATE; AND FOR OTHER PURPOSES.

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15                           Subtitle

16                       TO REQUIRE A COUNTY RECORDER TO VERIFY

17                       CERTAIN INFORMATION BEFORE RECORDING A

18                       DEED TO REAL ESTATE.

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20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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22  SECTION 1. Arkansas Code � 14-15-403, concerning instruments affecting

23 title to property, is amended to add an additional subsection to read as

24 follows:

25  (f)(1)(A)(i) A deed to real estate presented to a recorder for

26 recording either in person or by mail shall not be received for record or

27 filing by the recorder unless the grantor named in the deed to real estate or

28 an individual signing the deed on behalf of the grantor named in the deed to

29 real estate appears in person at the office of the recorder and presents a

30 valid photo identification card or driver's license.

31                           (ii) If a deed to real estate is presented to a

32 recorder for recording by mail, the grantor named in the deed to the real

33 estate shall include a photocopy of his or her valid photo identification or

34 driver's license with the deed to real estate submitted by mail.

35                       (B) As used in subdivision (f)(1)(A) of this section,

36 "valid photo identification card or driver's license" means a photo

    *TNL285*                                                     04-07-2025 15:07:34 TNL285
    As Engrossed: S3/17/25 S3/19/25 S4/7/25                              SB406

1 identification card or driver's license issued by a state agency or a United

2 States Government agency.

3   (C) A recorder shall record a copy of all valid photo

4 identification cards or driver's licenses presented under subdivision

5 (f)(1)(A) of this section by attaching the photocopies to the deed to real

6 estate being recorded in accordance with the requirements under � 21-6-306.

7   (2) Subdivision (f)(1) of this section does not apply to a deed

8 to real estate that is presented to the recorder by:

9   (A) An attorney;

10  (B) A real estate broker or a real estate agent;

11  (C) A representative of a bank, mortgage company, or

12 lending institution;

13  (D) A title insurance agent, title insurance agency, or

14 person affiliated with a title insurance agency;

15  (E) The Commissioner of State Lands;

16  (F) An individual representing the state or a political

17 subdivision of the state; or

18  (G) The state, a municipality within the state, a county

19 within the state, or a political subdivision of the state.

20  (3) An unredacted copy of a valid photo identification card or

21 driver's license shall be filed by the recorder under seal.

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23                               /s/A. Clark

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