Legal Question in Real Estate Law in Arkansas

Could you help me understand this law?

Hello, below is a law where I live.

I don't totally understand it, it says up to 2500.00, most houses are worth more than that. I also don't understand exactly who can put a lien against your house. If someone in another state has a judgement against you, would thier laws apply or the laws where you live?

Thanks.

The homestead of any resident of the State of Arkansas, who is married or the head of a family, are exempt from any lien of judgment, decree of any court, or to sale under exectuion or other process thereon, except for obligations that are for the purchase money or specific liens against the homestead, laborer's or mechanic's liens for improvement thereof, or for taxes. If the homestead, which is the residence of the debtor, is located in any city, town or village, it is limited to one acre of land with improvements thereon, and shall not exceed in value the sum of $2,500. If the homestead is located outside any city, town or village, it may not exceed one hundred and sixty acres of land, with the improvements thereon, and shall not exceed in value the sum of $2,500. (Ark. Const. Art. IX, Sec. 3 & 4; 16-66-210.)


Asked on 12/03/03, 9:48 pm

1 Answer from Attorneys
Harvey Harris Harris Law Firm

Re: Could you help me understand this law?

I believe what the code says is that if the homestead is located in city, town or village, it is limited to 1 acre, not more thatn $2500, but not to be reduced to less than 1/4 acre, regardless of value. And a rural homestead, not to be reduced to less than 80 acres, regardless of value.

As far as the judgment, a court in another state may have ordered one against you but you should have been notified of the hearing regarding such beforehand. If they did this, the judgment would be good in the state that it was decided, but if they want to enforce it against you in AR, they would have to bring it to an AR court to get it enforced because the AR court would have jurisdiction against you. Are you filing Bankruptcy? From your question, it seems you may have looked into some options.

Your lien would normally be from your own doing, such as a mortgage. Do you have a mortgage? There is a difference between a judgment and a lien.

You may want to contact an attorney to further review your options and what is the best for your situation. You need to be sure your rights are protected if you have a judgment against you from another state.

Read more
Answered on 12/12/03, 5:40 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Arkansas