Bill

Bill > HB1273


AR HB1273

To Provide That A Lien Created By The Entry Of Certificate Of Indebtedness Issued By The Secretary Of The Department Of Finance And Administration Is Not Superior To A Purchase Money Mortgage.


summary

Introduced
01/27/2025
In Committee
02/04/2025
Crossed Over
01/30/2025
Passed
02/05/2025
Dead
Signed/Enacted/Adopted
02/11/2025

Introduced Session

95th General Assembly (2025 Regular)

Bill Summary

AN ACT TO AMEND THE LAW CONCERNING THE REMEDIES AVAILABLE TO THE SECRETARY OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION; TO AMEND THE LAW CONCERNING THE SUPERIORITY OF A LIEN CREATED BY THE ENTRY OF CERTIFICATE OF INDEBTEDNESS BY THE SECRETARY OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION; TO PROVIDE THAT A LIEN CREATED BY THE ENTRY OF CERTIFICATE OF INDEBTEDNESS BY THE SECRETARY OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION IS NOT SUPERIOR TO A PURCHASE MONEY MORTGAGE; AND FOR OTHER PURPOSES.

AI Summary

This bill modifies Arkansas state law regarding tax liens, specifically addressing the legal priority of a Certificate of Indebtedness (COI) issued by the Secretary of the Department of Finance and Administration. Currently, a COI creates a lien that is superior to most other liens when entered on the judgment docket. The bill proposes to change this by explicitly stating that a COI lien will not be superior to a purchase money mortgage. A purchase money mortgage is a type of loan used specifically to buy a property, where the mortgage is directly tied to the property's purchase. By making this change, the bill ensures that when a taxpayer has both a tax debt (represented by the COI) and a purchase money mortgage, the mortgage will take precedence in terms of legal claim to the property. This modification provides additional protection for property owners by preventing tax liens from automatically superseding mortgages used to acquire the property, which could potentially help preserve homeownership in situations of tax debt.

Committee Categories

Business and Industry

Sponsors (2)

Last Action

Notification that HB1273 is now Act 29 (on 02/11/2025)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...