Little Rock, AR asked in Legal Malpractice and Real Estate Law for Arkansas

Q: Statute of limitations on recovering sold homestead in Arkansas.

I want to know if there is a statute of limitations on recovering my homestead property, which was sold in February 2022 to satisfy a judgment. My attorney failed to notify the creditors that it was my personal homestead.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In Arkansas, the statute of limitations for challenging the sale of your homestead property depends on the nature of the claim. If the sale was conducted to satisfy a judgment, and you believe it was wrongful due to your attorney's failure to inform creditors about the property's homestead status, you may have grounds to contest the sale. However, it's crucial to act promptly, as legal challenges are subject to time constraints.

Given the complexity of your situation, including potential issues with the sale process and your attorney's conduct, it's advisable to consult with a legal professional who can assess the specifics of your case and guide you on the appropriate steps to take. They can help determine if the statute of limitations has expired and explore possible remedies available to you.

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