A bona fide purchaser who acquires title by quitclaim deed will prevail over a prior unrecorded warranty deed in Union County, Arkansas.
Quitclaim deeds in Union County, Arkansas are recorded with the County Circuit Clerk.
A quitclaim deed should meet these general requirements and formatting standards:
1. A quitclaim deed should be submitted on 8.5x11 inch white paper.
2. The first page should have a top margin of 2.5 inches and at least ½ an inch for margins on subsequent pages. The last page of the document should have a bottom margin of at least 2.5 inches.
3. The top right of the first page is reserved for the recorder for the file mark and recording information. The first page must contain the following information: The title of the document and the name of the grantor and grantee.
4. All quitclaim deeds shall be acknowledged in accordance with Section 16-47-207 of the Arkansas Revised Statutes.
5. The name and address of the person who, and the governmental agency, if any, which prepared the quitclaim deed must appear on the first page. This information should be printed, stamped, or typed in a legible manner. This can be given in the following format: “This instrument was prepared by NAME and ADDRESS.”
6. Quitclaim deeds require a certificate of acknowledgment executed by a notary public. Deeds shall be executed in the presence of two disinterested witnesses, or shall be acknowledged by the grantor in the presence of two witnesses
7. The recording fees must be paid before recording.
8. The following statement must be stamped on or attached to the quitclaim deed in a manner which will cause it to be recorded as part of the instrument: “I certify under penalty of false swearing that the legally correct amount of documentary stamps have been placed on this instrument.” The grantee or the grantee’s agent must sign the statement.
9. Documentary stamps are available at the Arkansas state revenue office and must be placed on the document and must also be legible. Documentary stamps are $3.30 per $1000 as pertains to the purchase price of the property.
Cost of Recording a Quitclaim Deed:
To record a quitclaim deed the fee is $15 for the first page (single-sided only) and $5 for each additional page.
For recording instruments that have multiple instruments listed in a single document, an additional fee of $15 per instrument listed will be charged. This is not to exceed $300.
If the recorder waives the Arkansas Formatting Standards for good cause, the instrument may be recorded for an additional $25 fee.
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