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Arkansas ecuted the instrument. WITNESS my hand and official seal. NOTARY SIGNATURE NOTARY SEAL (Name of Notary) she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, ex____________ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/nature Printed Name Date State of Arkansas County of __________________ } ss. On ____________ before me, _________________________________________, personally appeared _____________________________perty on the date that the homestead declaration is recorded. 4. The facts stated in this homestead declaration are known to be true as of our own personal knowledge. Signature Printed Name Date Sigribed as follows (give complete legal description): 2. We claim this property and the dwelling thereon as our family's homestead. 3. This property is our principal dwelling, and we reside in this pro____________ __________________________________________________________, in the City of ______________________, and County of ___________________________, State of Arkansas, and more particularly descHOMESTEAD DECLARATION We, _____________________________________ and hereby certify and declare the following: , do 1. That we are the owners of the following property located at the address of ______il To _____________________________________________ Name _____________________________________________ Address _____________________________________________ City State and Zip ) ) ) ) ) ) ) ) ) ) ) s. You will need this because you will be asking the clerk to return a copy of the recorded Declaration. Declaration of Homestead ­Married (Instructions) 2 Recording Request By and When Recorded Ma get the specific amount of the recording fee you can contact your County Recorder. You can find its address and telephone number in your local telephone directory. One Self-Addressed Stamped Envelopessed stamped envelope you've enclosed). You will need to include the following items: Forms. The original and a copy of the Declaration Fees. You will need to include a check for the recording fee. Tor you will need to begin with a cover letter explaining what you have included and what you need done. You will want the clerk to record the Declaration and mail back it back to you (in the self-addretructions) 1 you can contact your County Recorder. You can find its address and telephone number in you local telephone directory. Mail ­If you choose to mail your Declaration to the County Recordel help you from here. Fees. You will need to pay the clerk the amount of the recording fee, probably around $10. To get the specific amount of the recording fee Declaration of Homestead ­Married (Insou will need to bring in the original and two copies (just to be safe) of your completed and notarized Declaration. You will tell the clerk you want to record a Declaration of Homestead. The clerk wilcord the Declaration in person or by mail. In Person ­Recording your Declaration in person will be quicker because you won't have to wait for delivery. You can take the form to your County Recorder. Yc.). Step 4: Copies. You should make at least two copies of your completed forms in case additional copies are required by the court and for your personal records. Step 5: Recording. You can either redgement. Take the form to a Notary Public, you can find one in your telephone directory or at local bank. Take personal identification with you (e.g. social security card, driver license, passport, ettarized, so wait to sign it until you are in front of the notary. Notarization. Don't bother filling this in, it will be completed by the notary. B. RECORDING THE DECLARATION Step 3: Notary Acknowlescription can be taken off the deed to the property. If you do not have this description, the court will often accept the complete address alone. Signature and Date. You will need to have this form nor right hand corner, insert the address you would like the Declaration mailed to once it is recorded. Legal Description. You are asked to give a legal description of the dwelling. Don't panic, this dein the form carefully. Step 2: Completing the form. Insert the appropriate information in the form. Below are additional instructions for the trickier sections of the form: Return Address. In the uppeRKANSAS DECLARATION OF HOMESTEAD--MARRIED A. GETTING STARTED ­ COMPLETING THE FORMS Step 1: Read the Instructions Carefully. You need to read these instructions as well as the instructions contained ract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of these materials. An attorney should be consulted for all serious legal matters. INSTRUCTIONS Ages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contused at your own risk. In no event will FindLegalForms, Inc, its agents, partners or affiliates be responsible or liable for any direct, indirect, incidental, special, exemplary, or consequential damae materials are provided "AS-IS." We do not give any express or implied warranties of merchantability, suitability or completeness of any of the materials for your particular needs. The materials are y use of these materials. FindLegalForms, Inc. does not provide legal advice. The purchase and use of these materials is subject to the "Disclaimers and Terms of Use" found at findlegalforms.com. Thesd print as legibly and neatly as possible. The court may reject forms that are difficult to read or they may input the information incorrectly. Disclaimer No Attorney-Client relationship is created be computer by entering the requested information in the appropriate spaces or you can fill them out manually. If you are filling out the forms manually and are not using a typewriter, use black ink anident of the state of Arkansas. Materials This packet contains: (i) Information for the Declaration; (ii) Instructions for the Declaration; and (iii) The Declaration You can fill out the forms on thts To use this packet you must be: (i) The owner of a dwelling (e.g. house, condo, etc.), not a renter; (ii) Married; (iii) You must reside in the dwelling at the time of the recording; and (iv) A resling, (ii) liens by contractors who put labor and materials into the dwelling, or (iii) tax liens. For more information you should read sections 16-66-210 to 16-66212 of the Arkansas Code. Requiremen also requires that any conveyance of property transferring the homestead must be executed by both spouses. Also note: the Declaration does not protect you from: (i) loans or debts secured by the dwelinherent in filing a declaration only after a dispute arises, or in waiting for a court to survey and assign boundaries to your homestead in the absence of a declaration. For married couples, Arkansasdvantage to complete and record a declaration. This will ensure that your homestead is defined and recorded properly and completely, and will avoid the tight deadlines and potential for costly errors and ¼ acre (urban), without regard to value. While it is not required in the state of Arkansas that you file a declaration of your homestead in order to enjoy the exemption, it may still be to your a a limit upon the size of the homestead itself. Exempt homesteads can be no larger than 160 acres in rural areas and 1 acre in urban areas. Further, the homestead may not be less than 80 acres (rural)s, you will receive the amount of your exemption out of the proceeds of the sale. It is also worth noting that in addition to the limit on the value of the exemption, the state of Arkansas also places a $100,000 home, and your mortgage is $98,000, a creditor would not be able to force a sale, as your equity ($2,000) is entirely covered by the exemption. Should a sale occur to satisfy your creditor a $70,000 mortgage (giving you $30,000 in equity), a creditor may be able to force a sale of the homestead and recoup $27,500 from the proceeds (your equity, minus the exemption. However, if you haveequity in your home. However, creditors may still be able to force a sale of your home if the equity in your home the amount of the exemption. For example, if your house is worth $100,000 and you have. The homestead law protects a certain amount of your equity in your home from being taken to pay the judgment. In Arkansas, homestead exemptions are limited in value, protecting up to $2500 worth of d you will receive a judgment from the court. If you do not pay the judgment, they can then try to collect the judgment by garnishing your wages, having your automobile sold or by having you home soldINFORMATION ARKANSAS DECLARATION OF HOMESTEAD--MARRIED Overview A homestead law helps to protect you from losing your home to creditors. If you are sued for money in court and lose, the person who sue Arkansas