Recording a deed in Benton County, Arkansas

Recording a deed in Benton County

Deeds affecting property in Benton County, Arkansas are recorded with the Circuit Clerk and Recorder. Recording is what puts the world on notice of your ownership and fixes the priority date. An unrecorded deed can still transfer title between the parties, but it leaves you exposed to anyone who records first.

The recording rules the office applies come from Ark. Code Ann. §§ 14-15-402, 14-15-403. Deeds themselves are governed by Ark. Code Ann. § 18-12-102.

What to bring

• The original signed and notarized deed. Recorders do not record photocopies handed over the counter.
• A completed notarial acknowledgment, with the date, the place where you signed, and the commission expiry all filled in.
• The Real Property Transfer Tax Affidavit of Compliance, signed by the grantee, and any documentary stamps due, attached to the deed. The grantee also signs the transfer tax certification Deedly prints on the deed. A beneficiary deed needs neither.
• The grantor's valid photo ID card or driver's license. The grantor named in the deed, not the new owner, must present the deed, or mail a photocopy of the ID with it (Ark. Code Ann. § 14-15-403(f)). An attorney, real estate agent, title agent or lender who presents the deed is exempt.
• Payment for the recording fee, $15 for the first page and $5 per additional page. Many offices do not take personal checks.

Formatting

• Arkansas recorders require 8.5 × 11 inch paper, a 2.5-inch margin at the top right of page one for the recorder's file mark, half-inch margins on the sides and bottom of every page, and a 2.5-inch blank margin at the bottom of the last page (Ark. Code Ann. § 14-15-402(b)). A document that misses them can be refused, or recorded for $25 more (Ark. Code Ann. § 21-6-306). Arkansas sets no minimum type size; the document must be legible.
• Deedly's layout, which suits this office: 8.5 × 11 inch paper, a 3-inch clear space at the top of page one for the recording stamp, 1-inch margins on the other edges, a 2.5-inch bottom margin, and type no smaller than 10 point. Deedly formats every document this way automatically.
• A legal description. A street address alone is not enough.
• A 'when recorded, return to' block so the stamped original comes back to you.

How to file

1. 1In personThe grantor named in the deed takes the original to the Circuit Clerk and Recorder in Bentonville and shows a valid photo ID card or driver's license. This is the fastest route. You usually walk out with the recording information the same day.
2. 2By mailSend the original with a photocopy of the grantor's photo ID, a check or money order for the fee, and a self-addressed stamped envelope. Allow one to three weeks for the stamped original to come back.
3. 3E-recordingTitle companies, attorneys, and other approved submitters file electronically through services such as Simplifile, CSC, or ePN. Some offices accept filings from the public through those services; check the office's website. If you prepared the deed yourself, in person or by mail is usually simpler.