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SB 406

RELATING TO COPYING FEES.

2025 Regular Session Introduced by Karl Rhoads

Senate Bill 406 requires in-person ID verification for recording real estate deeds, enhancing security and preventing fraud in property transactions.

Carried over to 2026 Regular Session.
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Bill Summary · SB 406

Summary of Senate Bill 406 (SB 406)

Purpose and Intent

Senate Bill 406 aims to enhance the integrity of real estate transactions by requiring county recorders to verify specific information before recording deeds to real estate. The bill seeks to prevent fraud and ensure that only authorized individuals can record property deeds, thereby protecting property rights and maintaining accurate public records.

Key Provisions

The bill introduces several important changes to the process of recording deeds:

  1. Verification Requirement:

    • A deed to real estate cannot be recorded unless the grantor (the person transferring the property) or their representative appears in person at the recorder's office and presents a valid photo identification card or driver's license.
    • If a deed is submitted by mail, the grantor must include a photocopy of their valid identification.

  2. Definition of Valid Identification:

    • The bill specifies that a "valid photo identification card or driver's license" must be issued by a state agency or a U.S. government agency.

  3. Recording of Identification:

    • County recorders are required to attach photocopies of the presented identification to the deed being recorded, ensuring that this information is kept on file.

  4. Exemptions:

    • The verification requirements do not apply to deeds presented by:
      • Attorneys
      • Real estate brokers or agents
      • Representatives of banks, mortgage companies, or lending institutions
      • Title insurance agents or agencies
      • The Commissioner of State Lands
      • Individuals representing state or local government entities

  5. Confidentiality of Identification:

    • An unredacted copy of the identification will be filed under seal by the recorder, ensuring privacy for the individuals involved.

Affected Parties

  • County Recorders: Responsible for implementing the verification process and maintaining records.
  • Grantors and Grantees: Individuals involved in real estate transactions who must comply with the new identification requirements.
  • Real Estate Professionals: Attorneys, brokers, and agents who may be exempt from the verification process but will need to understand the new regulations.

Procedural Timeline

  • Introduced: March 7, 2025
  • Reported from GVO: February 10, 2025, with recommendations for passage.
  • Amendments: The bill underwent several amendments to refine the language and clarify the verification process.
  • Passed: The bill was passed by the Senate on April 7, 2025, and subsequently passed by the House on April 15, 2025.
  • Enactment: SB 406 was signed into law and is now known as Act 752 as of April 18, 2025.

Conclusion

Senate Bill 406 represents a significant step towards enhancing the security and accuracy of real estate transactions in Arkansas. By requiring verification of identity before recording deeds, the legislation aims to reduce fraudulent activities and protect the interests of property owners.

Compiled from official sources — confirm details with the bill’s official record.

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