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Which statement BEST describes the security instruments used to finance real estate in Arkansas?

Correct Answer

B) Both mortgages and deeds of trust are recognized and used, and Arkansas permits non-judicial foreclosure under either instrument when a power of sale is included.

Arkansas recognizes both mortgages and deeds of trust as security instruments, and the Arkansas Statutory Foreclosure Act allows non-judicial (power-of-sale) foreclosure under either when the instrument contains a power of sale clause.

Answer Options
A
Only mortgages are recognized; deeds of trust are prohibited.
B
Both mortgages and deeds of trust are recognized and used, and Arkansas permits non-judicial foreclosure under either instrument when a power of sale is included.
C
Only deeds of trust are recognized; mortgages are no longer valid in Arkansas.
D
Land contracts are the exclusive security instrument; mortgages and deeds of trust are not used.

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Background Knowledge for Financing

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Related Topics & Key Terms

Related Topics:

deed of trustmortgagetrustee's salenon-judicial foreclosurereconveyancepower of sale clause

Key Terms:

deed of trusttrusteenon-judicial foreclosuretrustorbeneficiarysecurity instrument

Related Concepts

In the context of foreclosure, a deed transfers ownership of the foreclosed property to the new owner, typically the buyer at a foreclosure sale.

Discount points are upfront fees paid to a lender at closing to reduce (buy down) the interest rate on a mortgage loan. One point equals 1% of the loan amount and typically reduces the rate by approximately 0.25%.

An FHA loan is a mortgage insured by the Federal Housing Administration that allows lower down payments and credit scores than conventional loans. It is designed to help first-time homebuyers and borrowers with limited resources.

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