| 11 | 9 | | 7 |
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| 12 | 10 | | For An Act To Be Entitled 8 |
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| 13 | 11 | | AN ACT CONCERNING INSTRUMENTS AFFECTING TITLE TO 9 |
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| 14 | 12 | | PROPERTY; TO REQUIRE A COUNTY RECORDER TO VERIFY 10 |
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| 15 | 13 | | CERTAIN INFORMATION BEFORE RECORDING A DEED TO REAL 11 |
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| 16 | 14 | | ESTATE; AND FOR OTHER PURPOSES. 12 |
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| 17 | 15 | | 13 |
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| 18 | 16 | | 14 |
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| 19 | 17 | | Subtitle 15 |
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| 20 | 18 | | TO REQUIRE A COUNTY RECORDER TO VERIFY 16 |
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| 21 | 19 | | CERTAIN INFORMATION BEFORE RECORDING A 17 |
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| 22 | 20 | | DEED TO REAL ESTATE. 18 |
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| 23 | 21 | | 19 |
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| 24 | 22 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20 |
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| 25 | 23 | | 21 |
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| 26 | 24 | | SECTION 1. Arkansas Code § 14 -15-403, concerning instruments affecting 22 |
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| 27 | 25 | | title to property, is amended to add an additional subsection to read as 23 |
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| 28 | 26 | | follows: 24 |
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| 29 | | - | (f)(1)(A)(i) A deed to real estate presented to a recorder for 25 |
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| 30 | | - | recording either in person or by mail shall not be received for record or 26 |
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| 31 | | - | filing by the recorder unless the grantor named in the deed to real estate or 27 |
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| 32 | | - | an individual signing the deed on behalf of the grantor named in the deed to 28 |
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| 33 | | - | real estate appears in person at the office of the recorder and presents a 29 |
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| 34 | | - | valid photo identification card or driver's license. 30 |
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| 35 | | - | (ii) If a deed to real estate is presented to a 31 |
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| 36 | | - | recorder for recording by mail, the grantor named in the deed to the real 32 |
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| 37 | | - | estate shall include a photocopy of his or her valid photo identification or 33 |
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| 38 | | - | driver's license with the deed to real estate submitted by mail. 34 |
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| 39 | | - | (B) As used in subdivision (f)(1)(A) of this section, 35 |
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| 40 | | - | "valid photo identification card or driver's license" means a photo 36 As Engrossed: S3/17/25 S3/19/25 S4/7/25 SB406 |
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| 27 | + | (f)(1)(A) A deed to real estate presented to a recorder for recording 25 |
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| 28 | + | either in person or by mail shall not be received for record or filing by the 26 |
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| 29 | + | recorder unless the grantor or grantee named in the deed to real estate 27 |
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| 30 | + | appears in person at the office of the recorder and presents a valid photo 28 |
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| 31 | + | identification card or driver's license. 29 |
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| 32 | + | (B) As used in subdivision (f)(1)(A) of this section, 30 |
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| 33 | + | "valid photo identification card or driver's license" means a photo 31 |
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| 34 | + | identification card or driver's license issued by a state agency or a United 32 |
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| 35 | + | States Government agency. 33 |
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| 36 | + | (C)(i) A recorder shall record a copy of all valid photo 34 |
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| 37 | + | identification cards or driver's licenses presented under subdivision 35 |
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| 38 | + | (f)(1)(A) of this section by attaching the photocopies to the deed to real 36 SB406 |
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| 42 | | - | 2 04-07-2025 15:07:34 TNL285 |
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| 43 | | - | |
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| 44 | | - | |
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| 45 | | - | identification card or driver's license issued by a state agency or a United 1 |
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| 46 | | - | States Government agency. 2 |
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| 47 | | - | (C) A recorder shall record a copy of all valid photo 3 |
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| 48 | | - | identification cards or driver's licenses presented under subdivision 4 |
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| 49 | | - | (f)(1)(A) of this section by attaching the photocopies to the deed to real 5 |
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| 50 | | - | estate being recorded in accordance with the requirements under § 21 -6-306. 6 |
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| 51 | | - | (2) Subdivision (f)(1) of this section does not apply to a deed 7 |
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| 52 | | - | to real estate that is presented to the recorder by: 8 |
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| 53 | | - | (A) An attorney; 9 |
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| 54 | | - | (B) A real estate broker or a real estate agent; 10 |
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| 55 | | - | (C) A representative of a bank, mortgage company, or 11 |
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| 56 | | - | lending institution; 12 |
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| 57 | | - | (D) A title insurance agent, title insurance agency, or 13 |
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| 58 | | - | person affiliated with a title insurance agency; 14 |
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| 59 | | - | (E) The Commissioner of State Lands; 15 |
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| 60 | | - | (F) An individual representing the state or a political 16 |
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| 61 | | - | subdivision of the state; or 17 |
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| 62 | | - | (G) The state, a municipality within the state, a county 18 |
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| 63 | | - | within the state, or a political subdivision of the state. 19 |
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| 64 | | - | (3) An unredacted copy of a valid photo identification card or 20 |
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| 65 | | - | driver's license shall be filed by the recorder under seal. 21 |
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| 40 | + | 2 03/07/2025 8:11:06 AM TNL285 |
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| 41 | + | estate being recorded. 1 |
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| 42 | + | (ii) Before recording a valid photo identification 2 |
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| 43 | + | card or driver's license under subdivision (f)(1)(C)(i) of this section, the 3 |
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| 44 | + | recorder shall redact from the copy of the valid photo identification card or 4 |
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| 45 | + | driver's license the following: 5 |
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| 46 | + | (a) A driver's license number or an 6 |
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| 47 | + | identification number, as applicable; 7 |
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| 48 | + | (b) An electronic signature; and 8 |
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| 49 | + | (c) An address. 9 |
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| 50 | + | (2) Subdivision (f)(1) of this section does not apply to a deed 10 |
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| 51 | + | to real estate that is presented to the recorder by: 11 |
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| 52 | + | (A) An attorney; 12 |
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| 53 | + | (B) A real estate broker or a real estate agent; 13 |
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| 54 | + | (C) A representative of a bank, mortgage company, or 14 |
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| 55 | + | lending institution; or 15 |
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| 56 | + | (D) A title insurance agent, title insurance agency, or 16 |
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| 57 | + | person affiliated with a title insurance agency. 17 |
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| 58 | + | 18 |
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| 59 | + | 19 |
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| 60 | + | 20 |
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| 61 | + | 21 |
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