Arkansas 2025 2025 Regular Session

Arkansas Senate Bill SB406 Draft / Bill

Filed 03/07/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
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State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	SENATE BILL 406 3 
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By: Senator A. Clark 5 
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For An Act To Be Entitled 8 
AN ACT CONCERNING INSTRUMENTS AFFECTING TITLE TO 9 
PROPERTY; TO REQUIRE A COUNTY RECORDER TO VERIFY 10 
CERTAIN INFORMATION BEFORE RECORDING A DEED TO REAL 11 
ESTATE; AND FOR OTHER PURPOSES. 12 
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Subtitle 15 
TO REQUIRE A COUNTY RECORDER TO VERIFY 16 
CERTAIN INFORMATION BEFORE RECORDING A 17 
DEED TO REAL ESTATE. 18 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20 
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 SECTION 1.  Arkansas Code ยง 14 -15-403, concerning instruments affecting 22 
title to property, is amended to add an additional subsection to read as 23 
follows: 24 
 (f)(1)(A)  A deed to real estate presented to a recorder for recording 25 
either in person or by mail shall not be received for record or filing by the 26 
recorder unless the grantor or grantee named in the deed to real estate 27 
appears in person at the office of the recorder and presents a valid photo 28 
identification card or driver's license. 29 
 (B)  As used in subdivision (f)(1)(A) of this section, 30 
"valid photo identification card or driver's license" means a photo 31 
identification card or driver's license issued by a state agency or a United 32 
States Government agency. 33 
 (C)(i)  A recorder shall record a copy of all valid photo 34 
identification cards or driver's licenses presented under subdivision 35 
(f)(1)(A) of this section by attaching the photocopies to the deed to real 36    	SB406 
 
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estate being recorded. 1 
 (ii)  Before recording a valid photo identification 2 
card or driver's license under subdivision (f)(1)(C)(i) of this section, the 3 
recorder shall redact from the copy of the valid photo identification card or 4 
driver's license the following: 5 
 (a)  A driver's license number or an 6 
identification number, as applicable; 7 
 (b)  An electronic signature; and 8 
 (c)  An address. 9 
 (2)  Subdivision (f)(1) of this section does not apply to a deed 10 
to real estate that is presented to the recorder by: 11 
 (A)  An attorney; 12 
 (B)  A real estate broker or a real estate agent; 13 
 (C)  A representative of a bank, mortgage company, or 14 
lending institution; or 15 
 (D)  A title insurance agent, title insurance agency, or 16 
person affiliated with a title insurance agency. 17 
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