§ 18-50-102 - Qualifications of trustee -- Appointment of successor trustee.
               	 		
18-50-102.    Qualifications of trustee -- Appointment of successor trustee.
    (a)  A trustee of a deed of trust shall be any:
      (1)  Attorney  who is an active licensed member of the Bar of the Supreme Court of the  State of Arkansas or law firm among whose members includes such an  attorney;
      (2)  Bank or savings and loan association authorized to do business under the laws of Arkansas or those of the United States;
      (3)  Corporation  which is an affiliate of a bank or savings and loan association  authorized to do business under the laws of Arkansas or those of the  United States, which is either an Arkansas bank or a registered  out-of-state bank, as the terms are defined under    23-45-102, which  maintains a branch in the State of Arkansas; or
      (4)  Agency or authority of the State of Arkansas where not otherwise prohibited by law.
(b)    (1)  The  beneficiary may appoint a successor trustee at any time by filing a  substitution of trustee for record with the recorder of the county in  which the trust property is situated.
      (2)  The  new trustee shall succeed to all the power, duties, authority, and  title of the original trustee and any previous successor trustee.
      (3)  The  beneficiary may, by express provision in the substitution of a trustee,  ratify and confirm actions taken on its behalf by the new trustee prior  to the recording of the substitution of the trustee.
(c)  The  substitution shall identify the deed of trust by stating the names of  the original parties thereto, the date of recordation, and the book and  page where recorded or the recorder's document number. The substitution  shall also state the name of the new trustee and shall be executed and  duly acknowledged by all the beneficiaries or their successors in  interest.
(d)  A mortgagee may  delegate his or her powers and duties under this chapter to an  attorney-in-fact, whose acts shall be done in the name of and on behalf  of the mortgagee. The qualifications for an attorney-in-fact shall be  the same as those for a trustee.
(e)  The  appointment of an attorney-in-fact by a mortgagee shall be made by a  duly executed, acknowledged, and recorded power of attorney, which shall  identify the mortgage by stating the names of the original parties  thereto, the date of recordation, and the book and page where recorded  or the recorder's document number.
(f)  A  substitution of trustee or power of attorney shall be recorded before  any trustee's or mortgagee's deed executed by the substituted trustee or  attorney-in-fact is recorded.