("Deed of trust" means a deed conveying real property in trust to secure the performance of an obligation of the grantor or any other person named in the deed to a beneficiary and conferring upon the trustee a power of sale for breach of an obligation of the grantor contained in the deed of trust;) (Ark. Statute 18-50-101(2)) A power of sale allows for a non-judicial foreclosure in the case of default, saving time and expense. If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute the written notice of the occurrence of any event of default and Lender's election to cause the Property to be sold and shall cause such notice to be recorded in each county in which the Property or some portion thereof is located. Lender or Trustee shall mail copies of such notice in the manner prescribed by applicable law. 18-50-103.
(A trustee may not sell the trust property unless: The deed of trust or mortgage is filed for record with the recorder of the county in which the trust property is situated;) (Ark. Statute 18-50-103(1))

A deed of trust contains three (3) parties: Grantor/Trustor, Trustee, and Beneficiary/Lender

"Grantor" means the person conveying an interest in real property by a mortgage or deed of trust as security for the performance of an obligation; (Ark. Statute 18-50-101 (3))

"Beneficiary" means the person named or otherwise designated in a deed of trust as the person for whose benefit a deed of trust is given or his successor in interest; (Ark. Statute 18-50-101 (1))

("Trustee" means any person or legal entity to whom legal title to real property is conveyed by deed of trust or his or her successor in interest.) Examples of how a Trustee can be chosen are given. (Ark. Statute 18-50-101 (10)).

14-15-402. Instruments to be recorded. (a) It shall be the duty of each recorder to record in the books provided for his or her office all deeds, mortgages, conveyances, deeds of trust, bonds, covenants, defeasances, affidavits, powers of attorney, assignments, contracts, agreements, leases, or other instruments of writing of, or writing concerning, any lands and tenements or goods and chattels, which shall be proved or acknowledged according to law, that are authorized to be recorded in his or her office.

A deed of trust secured by a promissory note with stringent default terms can be advantageous to the lender in the case of a default. Use this form for financing residential, condominiums, rental units (up to 4), planned unit developments, and small commercial.

(Arkansas Deed of Trust Package includes forms, guidelines, and completed examples) For use in Arkansas only.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Deed of Trust and Promissory Note

Document the full payoff of a home loan for public record
Secure a loan with real property as collateral
Document the reconveyance of a property after loan payoff
Establish priority of a mortgage or deed of trust

Compare other Arkansas deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Scrivener's Error Affidavit Statutory Durable Power of Attorney Specific Power of Attorney for the Sale of Property Limited Power of Attorney for the purchase of Property Mortgage Secured by Promissory Note Satisfaction of Mortgage Satisfaction Affidavit Deed of Trust with Installment of Taxes and Insurance Satisfaction of Deed of Trust Assignment of Mortgage or Deed of Trust Substitute of Trustee for Deed of Trust Purchasers Agreement (Cash Terms) Purchaser's Agreement (with installment payments) Memorandum and Notice of Agreement Full Release of Memorandum and Notice of Agreement Easement Deed Termination, Cancellation of Easement / Right of Way Personal Representative Deed Beneficiary Deed Beneficiary Deed Revocation Disclaimer of Interest Notice to Owner Notice of Intent to File Affidavit of Service Claim of Mechanics Lien Waiver of Mechanic Lien Release of Mechanic Lien Lis Pendens Lis Pendens Release Certificate of Trust Mineral Deed Mineral Deed with Quitclaim Covenants

Important: County-Specific Forms

Our deed of trust and promissory note forms are specifically formatted for each county in Arkansas.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

Back to Arkansas Forms