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Cockrell v. Union Planters Bank

Ark.September 30, 2004No. 03-1363Cited 19 times
Defendant WinUnion Planters Bank
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Case Details

Judge(s)
Robert L. Brown
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The Arkansas Supreme Court affirmed the dismissal of Cockrell's petition to set aside the foreclosure sale, holding that the agricultural-purposes defense must be raised prior to the foreclosure sale or be forever barred under Ark. Code Ann. § 18-50-116(d)(2).

What This Ruling Means

This case involved a dispute between Cockrell and Union Planters Bank over a foreclosure sale. Cockrell had borrowed money from the bank and used agricultural property as collateral. When Cockrell couldn't repay the loan, the bank foreclosed on the property and sold it. After the foreclosure sale was completed, Cockrell tried to challenge it in court by claiming the property should have been protected under Arkansas's agricultural-purposes defense laws. The Arkansas Supreme Court ruled against Cockrell and sided with Union Planters Bank. The court determined that under Arkansas law, if someone wants to use the agricultural-purposes defense to protect their property from foreclosure, they must raise this defense before the foreclosure sale actually happens. Since Cockrell waited until after the sale was completed to make this argument, it was too late - the law forever bars such claims once the foreclosure sale has occurred. For workers, this case highlights the importance of acting quickly when facing foreclosure. If you own agricultural property that might qualify for special legal protections, you must assert those rights before losing your property, not after. Waiting too long can permanently eliminate your legal options for challenging a foreclosure.

This summary was generated to explain the ruling in plain English and is not legal advice.

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