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The Circuit Clerk is responsible for recording and maintaining land records in White County.
Recording Fees
Deeds, Deeds of Trust, Mortgages, Release Deeds, Powers Of Attorney, Plats, Survey Plats, Notary Bonds, Foreign Judgments (within the State of Arkansas), Lis-Pendens, Medical Liens, Mechanic's and Materialman's Liens, Federal Tax Liens, and any Recordable instruments except as otherwise described in this section Ark. Code Ann. 21-6-306.
$15.00
PLUS-$5.00 for every page subsequent to the first
Note: a two-sided instrument counts as two pages
Mortgage Assignments, Mortgage Releases, and other instruments Ark Code Ann. 21-6-306
If a single document lists multiple instruments:
No fee for the first instrument. Thereafter, a fee of $15.00 per additional instrument listed, not to exceed $300.00
Note: a two-sided instrument counts as two pages
Mortgage's or Trustee's Notice of Default and Intention to Sell (Ark Code Ann. 18-50-104) Ark Fee Code 21-6-306
$140.00 Plus recording fee of $15.00 for the first page (1) side only and $5.00 for each additional page
Note: a two-sided instrument counts as 2 pages
The Real Property Transfer Tax is levied on each transfer document. The tax rate is $3.30 per $1,000 of actual consideration on transactions that exceed $100 and it applies to transferring ownership of mineral rights as well.
Call the circuit clerk's office at (501) 279-6203 with questions.
Document Formatting Requirements
(a) be on 8.5 x 11 inch paper;
(b) have a 2.5 inch margin on the right top of the first page, one-half inch margins on the sides and bottoms of interior pages, and a 2.5 inch margin at the bottom of the last page;
(c) be legible; and
(d) have areas reserved at the top right of the first page for the file mark of the recorder.
The following information must be contained in the real estate instrument:
(a) a document title;
(b) the name of the grantor and grantee, if applicable;
(c) an acknowledgment that is in accordance with 16-47-207 of the Arkansas Revised Statutes;
(d) the name and address of the person, or governmental agency, if any, which prepared the instrument should be on the first page. This can be given in the following form: "This instrument prepared by: (name and address)."
The name must be printed, typewritten, or stamped in a legible manner.
Before a county recorder will accept an instrument evidencing a transfer of real property for recordation, the grantee, buyer, or agent of the grantee must furnish proof of payment of tax or proof of an exemption.
When submitting an instrument evidencing a transfer of title, a county recorder can refuse it unless the instrument has an attached affidavit containing tax information or documentary stamps attached to the face of the instrument evidencing the full payment of property taxes.
The face of the instrument should contain a notation, which will be recorded as part of the instrument, which states that an affidavit was completed. Alternatively, a statement can be provided on the instrument, worded as follows: "I certify under penalty of false swearing that documentary stamps or a documentary symbol in the legally correct amount has been placed on this instrument." This statement will be recorded as part of the instrument and should be signed by the grantee (or the grantee's agent). The grantee's address must also be clearly displayed on the instrument.
The county recorder will not record an instrument in which the amount printed on a documentary stamp is not visible.
WARRANTY DEED, QUITCLAIM DEED
In Arkansas, there is no statutory form for a deed. However, the estate of fee simple is presumed. The term "heirs" or other words of inheritance are not necessary to convey or create an estate in fee simple, unless specific words limiting such an estate are used in the conveyance.
In a warranty deed, when the words "grant, bargain, and sell" are used, this is an express covenant to the grantee, his heirs, and assigns that the grantor is seized of an indefeasible estate in fee simple, free from encumbrances done or suffered by the grantor, except rents or services that may be expressly reserved by the deed, and also for the quiet enjoyment thereof against the grantor, his or her heirs, and assigns and from the claim and demand of all other persons, unless limited by express words in the deed.
When a grantor to a deed purports to convey real estate in fee simple absolute, or any lesser estate, and does not have the legal estate at the time of conveyance but will acquire it afterwards, the legal or equitable estate acquired by the grantor shall pass immediately to the grantee. The conveyance will be valid as if the estate had been in the possession of the grantor at the time of conveyance.
A quitclaim deed in Arkansas does not offer covenants of warranty, as it transfers only interest in real property.