Arkansas Senate Bill SB69

Arkansas 2025 Regular Session

• Introduced: 1/15/25
• Refer: 1/15/25
• Failed: 5/5/25

Caption

Concerning The Recordation And Filing Of A Deed Or Other Instrument That Conveys Real Property Or An Interest In Real Property.

Impact

The implications of SB69 on state laws are significant, as it establishes a formalized process involving the county recorder that could standardize how property conveyances are managed within Arkansas. By requiring that deeds be executed in person and accompanied by proper identification, the bill not only reduces the risk of fraudulent transactions but could also lead to increased accountability in property dealings. The introduction of a statutory form indicates a shift towards more stringent regulations surrounding property transfers, which may have both positive and negative consequences for property transactions statewide.

Summary

SB69 seeks to amend existing Arkansas statutes regarding the conveyance and recordation of real property interests specifically for deeds without warranty. Under the proposed bill, only the county recorder's office in the location of the real property will be authorized to record or file such deeds or conveyances. The bill introduces a requirement for real property owners to submit a specific form that must be publicly signed at the recorder's office, ensuring proper identification and authorization of the transaction. This approach aims to mitigate potential fraud related to property transactions and protect property owners from unauthorized conveyances.

Contention

While the bill aims to enhance the integrity of real estate transactions, it may also raise concerns among stakeholders regarding the added bureaucratic processes involved in what has traditionally been a straightforward aspect of real estate law. Critics could argue that this may lead to delays in property transactions, especially for those unable to appear in person due to legitimate reasons such as age or disability. Furthermore, the proposed fee structure for the completion of the new form, with varying charges based on age and disability status, might create barriers for some individuals engaging in real estate transactions. This aspect could generate discussions about equitable access to property rights in the state.