§ 26-38-206 — Effect of the decree of confirmation

(a) Except as provided in this section and § 26-37-203 , the decree of the circuit court confirming the forfeiture and conveyance to the plaintiff under § 26-38-202 shall operate: (1) As a complete bar at law and in equity of a claim or defense of all persons, firms, corporations, quasi-corporations, associations, trustees, and holders of beneficial interests to the title of the real property; and (2) To vest the complete and indefeasible title to the real property in the plaintiff under § 26-38-202 and the plaintiff's grantees in fee simple, free and clear of all claims regardless of whether the forfeiture and conveyance is void or voidable because of a defect or irregularity in the proceedings to forfeit and convey the real property. (b) All parties have the right to appeal a decree of confirmation under this subchapter pursuant to the Arkansas Rules of Civil Procedure. (c) (1) The claim of a person, firm, corporation, quasi-corporation, association, trustee, or holder of a beneficial interest with a properly recorded interest in the real property that is not properly served with notice of the confirmation proceedings under this subchapter is barred if not commenced within: (A) One (1) year of the posting of a notice of entry of the decree of confirmation under subdivision (c)(2) of this section; or (B) Three (3) years from the date that the decree is entered if a notice of entry of the decree of confirmation under subdivision (c)(2) of this section is not posted. (2) If a notice of entry of a decree of confirmation is posted under this subsection: (A) The notice shall be posted conspicuously on the property; and (B) A sworn affidavit evidencing the posting shall be filed with the circuit court in the quiet title action by the party that obtained title to the real property in the quiet title action.

Legislative History

Acts 1993, No. 646, § 5; 2011, No. 1133, § 5.