Arkansas Verified Complaint to Quiet Title and Notice of Lis Pendens

ARKANSAS VERIFIED COMPLAINT TO QUIET TITLE AND NOTICE OF LIS PENDENS

PART 1 — PRE-FILING CHECKLIST

☐ Obtain current abstract of title / title commitment from licensed Arkansas abstracter.
☐ Confirm legal description matches recorded instruments (Quarter-Quarter, Section, Township, Range; or platted lot/block).
☐ Identify all known defendants and unknown heirs, devisees, and "all other persons claiming any right, title, or interest."
☐ Compile evidence of ad valorem tax payment for the applicable period under Ark. Code § 18-11-106; a claimed fifteen-year wild-land presumption requires receipts for that period.
☐ Confirm a color-of-title instrument describing the claimed property, or plead the statutory tax-payment presumption if its conditions are met.
☐ Verify venue (circuit court of the county in which the property is situated).
☐ Prepare Notice of Lis Pendens for recording with the recorder of deeds (county circuit clerk) under Ark. Code § 16-59-101.

PART 2 — VERIFIED COMPLAINT TO QUIET TITLE

Court Caption

IN THE CIRCUIT COURT OF [____________________] COUNTY, ARKANSAS
[____________________] DIVISION

Case No.: [____________________________________]

VERIFIED COMPLAINT TO QUIET TITLE AND CONFIRM TITLE
(Ark. Code Ann. §§ 18-60-501 et seq.)

I. Parties

1. Plaintiff [____________________________________] is a [☐ resident of [____________________] County, Arkansas / ☐ entity organized under the laws of [____________________]] with an address at [________________________________________________________].

2. Defendant [____________________________________] is, on information and belief, [☐ a resident of [____________________] / ☐ an entity with last known address at [________________________________________________________]].

3. The "unknown heirs, devisees, legatees, assigns, and successors of [Decedent]" and "all other persons or entities claiming any right, title, estate, lien, or interest" are joined pursuant to Ark. Code § 18-60-501 to bind all potential claimants.

II. Jurisdiction and Venue

4. This Court has subject matter jurisdiction under Ark. Code Ann. § 18-60-501, which authorizes any person claiming title to land to bring an action to quiet and confirm title against any person claiming adverse interest.

5. Venue is proper in [____________________] County, Arkansas, because the real property that is the subject of this action is situated in this county.

III. The Property

6. The real property that is the subject of this action (the "Property") is located at:

Street Address: [________________________________________________________]
City: [____________________], Arkansas
County: [____________________]
Parcel No.: [____________________________________]

Legally described as:

[____________________________________________________________]

IV. Plaintiff's Title

7. Plaintiff is the owner in fee simple of the Property, and entitled to immediate possession.

8. Plaintiff acquired title to the Property as follows:

☐ By [Warranty / Quitclaim / Special Warranty / Trustee's / Commissioner's / Tax] Deed dated [__/__/____], from [Grantor name], recorded [__/__/____] in Book [______], Page [______], Instrument No. [____________], Records of [____________________] County, Arkansas.
☐ By inheritance / devise from [Decedent], Probate Case No. [____________].
☐ By adverse possession (see Section VI below).
☐ Other: [____________________________________].

V. Defendants' Adverse Claims

9. Defendants make or appear of record to make claims adverse to Plaintiff's title in that:

☐ A recorded but unreleased mortgage / deed of trust dated [__/__/____], Book [______], Page [______], in favor of [____________________________________].
☐ A judgment lien docketed [__/__/____], Case No. [____________].
☐ A defective / wild deed recorded [__/__/____], Book [______], Page [______].
☐ Apparent interest as heir / devisee of [Decedent], deceased [__/__/____].
☐ A tax sale / tax deed not properly perfected or void: [____________________________________].
☐ A boundary or fence-line dispute with adjoining owner [____________________________________].
☐ Other cloud on title: [____________________________________].

10. Each adverse claim is without legal foundation and constitutes a cloud upon Plaintiff's title.

VI. Adverse Possession (if applicable; Ark. Code § 18-11-106)

11.

Plaintiff (and Plaintiff's predecessors in interest, whose possession is tacked under Arkansas law) has been in actual, open, notorious, continuous, hostile, and exclusive possession of the Property under claim of right since [__/__/____], a period exceeding seven (7) years.

12. Plaintiff (and predecessors) claim color of title to the Property (or contiguous real property) based on ☐ [recorded instrument, deed, or other document and dates: ______________________] ☐ the statutory presumption for wild and unimproved land after fifteen consecutive years of tax payment under Ark. Code §§ 18-11-103 and 18-11-106(a)(1)(B). If using the presumption, state facts showing the land's condition and that the true owner did not also pay, or make a qualifying good-faith effort to pay, the same taxes: [________________________________________________].

13. Plaintiff (and predecessors) paid the applicable ad valorem taxes on the Property (or qualifying contiguous property) for [____] consecutive years, beginning [YEAR] and ending [YEAR]. If paragraph 12 relies on the wild-land presumption, document at least fifteen consecutive years. Specific tax payment evidence (attach additional years as needed):

14. Specific acts of possession include: [enclosure, residence, improvements, cultivation, posting, maintenance — describe specifically]: [____________________________________________________________].

VII. Prayer for Relief

WHEREFORE, Plaintiff respectfully prays:

A. That this Court enter a decree quieting and confirming title to the Property in Plaintiff, free and clear of all claims of Defendants;

B. That all Defendants and all persons claiming under them be barred and forever estopped from asserting any right, title, estate, lien, or interest in the Property adverse to Plaintiff;

C. That the [recorded instrument(s)] described herein be declared void and ordered released or cancelled;

D. That Plaintiff recover costs and reasonable attorney's fees as permitted by law; and

E. For such other and further relief, both at law and in equity, to which Plaintiff may be entitled.

Respectfully submitted,

______________________________
[Attorney name], Arkansas Bar No. [____________]
[Firm name and address]
[Phone] | [Email]
ATTORNEY FOR PLAINTIFF

PART 3 — VERIFICATION (Ark. Code § 18-60-502)

STATE OF ARKANSAS
COUNTY OF [____________________] ss.

I, [____________________________________], being first duly sworn, on oath state:

1. I am the Plaintiff in the above-captioned action.

2. I have read the foregoing Verified Complaint to Quiet Title and Confirm Title and know the contents thereof.

3. The matters and facts set forth therein are true and correct of my own personal knowledge, except as to those matters stated on information and belief, and as to those, I believe them to be true.

______________________________
[Plaintiff Name]

Subscribed and sworn to before me this [____] day of [______________], [______].

______________________________
Notary Public — State of Arkansas
My commission expires: [__/__/____]

PART 4 — SUMMONS (Ark. R. Civ. P. 4)

IN THE CIRCUIT COURT OF [____________________] COUNTY, ARKANSAS

[Caption as above]

SUMMONS

THE STATE OF ARKANSAS TO DEFENDANT: [____________________________________]
Address: [________________________________________________________]

A lawsuit has been filed against you. The relief demanded is stated in the attached Verified Complaint. Within thirty (30) days after service of this Summons on you (not counting the day you received it) — or sixty (60) days if you are incarcerated in any jail, penitentiary, or other correctional facility in Arkansas — you must file with the Clerk of this Court a written answer to the Complaint or a motion under Rule 12 of the Arkansas Rules of Civil Procedure.

The answer or motion must also be served on the Plaintiff or Plaintiff's attorney whose name and address are shown below.

If you fail to respond within the applicable time period, judgment by default may be entered against you for the relief demanded in the Complaint.

Plaintiff's Attorney:
[Attorney name], Arkansas Bar No. [____________]
[Firm name and address]
[Phone] | [Email]

CLERK OF THE COURT
[____________________] County Circuit Clerk

By: ______________________________
Deputy Clerk
Date: [__/__/____]
[Court Seal]

PART 5 — NOTICE OF LIS PENDENS (Ark. Code § 16-59-101 to -103)

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
[Attorney name, firm, address]

NOTICE OF LIS PENDENS

(Notice of Pendency of Action — Ark. Code Ann. § 16-59-101)

NOTICE IS HEREBY GIVEN that the following action affecting title to real property is pending:

The action affects the title to the following real property situated in [____________________] County, Arkansas:

Street Address: [________________________________________________________]
Parcel No.: [____________________________________]

Legal Description:

[____________________________________________________________]

This Notice is filed and recorded for the purpose of giving constructive notice of the pendency of the above action to all persons pursuant to Ark. Code Ann. § 16-59-101.

Dated: [__/__/____]

______________________________
[Attorney name], Arkansas Bar No. [____________]
[Firm name and address]
ATTORNEY FOR PLAINTIFF

ACKNOWLEDGMENT

STATE OF ARKANSAS
COUNTY OF [____________________] ss.

On this [____] day of [______________], [______], before me personally appeared [____________________________________], known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained.

______________________________
Notary Public — State of Arkansas
My commission expires: [__/__/____]

PART 6 — WARNING ORDER (Service by Warning Order — Ark. R. Civ. P. 4(g)(3))

[Caption as above]

WARNING ORDER

THE STATE OF ARKANSAS TO: [Name of unknown / nonresident Defendant(s); unknown heirs and devisees of [Decedent]; and all other persons claiming any right, title, or interest in the real property described in the Verified Complaint]

You are hereby warned to appear in this Court within thirty (30) days from the date of the first publication of this Warning Order and answer the Verified Complaint filed by Plaintiff [____________________________________] seeking to quiet title to certain real property located in [____________________] County, Arkansas, described as:

[LEGAL DESCRIPTION]

If you fail to answer within the time stated, judgment by default may be entered against you for the relief demanded in the Verified Complaint, including a decree quieting title in Plaintiff and barring you and all persons claiming under you from asserting any interest in the Property.

Issued this [____] day of [______________], [______].

______________________________
Circuit Clerk, [____________________] County

By: ______________________________
Deputy Clerk

Attorney for Plaintiff: [Attorney name, Arkansas Bar No., address, phone, email]

PART 7 — AFFIDAVIT FOR WARNING ORDER

[Caption as above]

AFFIDAVIT IN SUPPORT OF WARNING ORDER

STATE OF ARKANSAS
COUNTY OF [____________________] ss.

[Affiant name], being first duly sworn, states:

1. I am [Plaintiff / counsel for Plaintiff] in the above action.

2. Defendants [____________________________________] are either nonresidents of the State of Arkansas, or, after diligent inquiry, their whereabouts are unknown and they cannot be served personally within Arkansas.

3. Plaintiff's diligent inquiry has included:

☐ Search of [____________________] County records (assessor, recorder, probate)
☐ Internet and social-media searches
☐ Skip-tracing service ([____________________])
☐ Mailing to last known address (returned [☐ undeliverable / ☐ no forwarding address])
☐ Inquiry of neighbors, family members, last known employer
☐ Probate / estate file review
☐ Other: [____________________________________________________]

4. A cause of action exists against the Defendants as set forth in the Verified Complaint.

5. The Property at issue is situated in [____________________] County, Arkansas.

WHEREFORE, Affiant prays the Court issue a Warning Order for service by publication.

______________________________
[Affiant Name]

Subscribed and sworn to before me this [____] day of [______________], [______].

______________________________
Notary Public — State of Arkansas

PART 8 — TITLE SEARCH / ABSTRACT CHECKLIST

Sources and References

• Ark. Code Ann. § 18-60-501 et seq. (Quiet Title): https://codes.findlaw.com/ar/title-18-property/
• Ark. Code Ann. § 18-11-106 (Adverse Possession): https://codes.findlaw.com/ar/title-18-property/ar-code-sect-18-11-106/
• Ark. Code Ann. § 16-59-101 to -103 (Lis Pendens): https://law.justia.com/codes/arkansas/title-16/subtitle-5/chapter-59/
• Arkansas Rules of Civil Procedure 4 (Service)
• Quiet Title Actions in Arkansas: A Primer (ScholarWorks@UARK)
• Adverse Possession in Arkansas (Encyclopedia of Arkansas)