Cockrell v. Union Planters Bank

Robert L. Brown, Justice.

Appellant David Cockrell appeals from an order, which dismissed his petition to set aside a statutory foreclosure sale of property. Cockrell contends on appeal that the circuit court erred in interpreting and construing Ark. Code Ann. §§ 18-50-116(c) and (d)(2) (Repl. 2003), when it ruled that claims and defenses under the statutory foreclosure act must be raised prior to the statutory foreclosure sale or be forever barred. He specifically contends that the statutory foreclosure act cannot be applied to a deed of trust or mortgage, which encumbers property primarily…