An act TO REQUIRE A DEED OR OTHER INSTRUMENT THAT 10 CONVEYS REAL PROPERTY OR AN INTEREST IN REAL PROPERTY 11 WITHOUT WARRANTY BE RECORDED AND FILED ONLY BY THE 12 RECORDER OF THE COUNTY IN WHICH THE REAL PROPERTY IS 13 , the official text

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

1 State of Arkansas                 A Bill
2 95th General Assembly

3 Regular Session, 2025                                             SENATE BILL 69

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5 By: Senator A. Clark

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8                        For An Act To Be Entitled

9            AN ACT TO REQUIRE A DEED OR OTHER INSTRUMENT THAT

10           CONVEYS REAL PROPERTY OR AN INTEREST IN REAL PROPERTY

11           WITHOUT WARRANTY BE RECORDED AND FILED ONLY BY THE

12           RECORDER OF THE COUNTY IN WHICH THE REAL PROPERTY IS

13           LOCATED; TO AUTHORIZE A REAL PROPERTY OWNER TO

14           COMPLETE A FORM CREATED BY A COUNTY RECORDER'S OFFICE

15           THAT REQUIRES CERTAIN PROVISIONS BE MADE BEFORE A

16           DEED OR OTHER INSTRUMENT THAT CONVEYS REAL PROPERTY

17           OR AN INTEREST IN REAL PROPERTY OWNED BY THE REAL

18           PROPERTY OWNER MAY BE RECORDED OR FILED; AND FOR

19           OTHER PURPOSES.

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22                                  Subtitle

23                       CONCERNING THE RECORDATION AND FILING OF

24                       A DEED OR OTHER INSTRUMENT THAT CONVEYS

25                       REAL PROPERTY OR AN INTEREST IN REAL

26                       PROPERTY.

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

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30  SECTION 1. Arkansas Code � 14-15-403, concerning the recordation or

31 filing of an instrument that affects the title to real estate or personal

32 property, is amended to add an additional subsection to read as follows:

33  (f) A deed or other instrument purporting to convey real property or

34 an interest in real property without warranty shall be received for record or

35 filing only by the recorder of the county in which the real property is

36 located.

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1

2   SECTION 2. Arkansas Code � 14-15-412, concerning the certification of

3 an instrument that affects the title to real estate, is amended to add an

4 additional subsection to read as follows:

5   (c)(1) Each county recorder shall create a form that a real property

6 owner may complete that prohibits the purported conveyance without warranty

7 of the owner's real property or interest in real property by a deed or

8 instrument unless the:

9                     (A) Deed or instrument is signed in person at the office

10 of the recorder of the county in which the real property is located;

11                    (B) County recorder has obtained receipt of the lawful

12 signature of the real property owner at the office of the recorder of the

13 county in which the real property is located; and

14                    (C) Real property owner shows the recorder of the county

15 in which the real property is located his or her government-issued photo

16 identification, including without limitation a passport or state-issued

17 driver's license.

18  (2) If a real property owner is unable to sign a form in person

19 as required by subdivision (c)(1)(A) of this section, the form signed by the

20 real property owner may be submitted in person by an individual acting under

21 a properly executed power of attorney for the real property owner.

22  (3) A form completed and signed under this subsection shall

23 remain in effect until the real property owner:

24                    (A) Conveys the real property or his or her interest in

25 the real property; or

26                    (B) Rescinds the form.

27  (4) The protections of real property or an interest in real

28 property guaranteed by the completion of a form under this subsection are not

29 transferable.

30  (5)(A) A county recorder's office may charge a one-time fee for

31 the completion of a form under subdivision (c)(1) of this section.

32                    (B)(i) Except as provided under subdivisions (c)(5)(B)(ii)

33 and (c)(5)(B)(iii) of this section, a one-time fee charged under this

34 subdivision (c)(5) shall not exceed one hundred dollars ($100).

35                        (ii) For an individual who is over sixty-five (65)

36 years of age or permanently disabled, a one-time fee charged under this

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1 subdivision (c)(5) shall not exceed fifty dollars ($50).

2                      (iii) For real property that is occupied by an

3 individual other than the real property owner, a one-time fee charged under

4 this subdivision (c)(5) shall not exceed two hundred fifty dollars ($250).

5   (6) A deed or other instrument purporting to convey real

6 property or an interest in real property of an owner who completed a form

7 under subdivision (c)(1) of this section shall not be submitted for

8 recordation or filing by a county recorder unless all requirements under this

9 subsection are met.

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