Supreme Court of Arkansas
Robert Dickinson and Pamela Dickinson, for Themselves and All Residents of Arkansas Who Are Similarl — Hart, J…
December 11, 20142014 Ark. LEXIS 654
Summary
The dissent would reject the majority's conclusion that federal legislation creating the Federal National Mortgage Association satisfies Arkansas's requirement that an entity be authorized to do business before using the state's statutory foreclosure procedure. It reasons that the federal legislation does not expressly or otherwise preempt Arkansas's authority to require a state certificate of authorization, and that the statutory language is not ambiguous. Because this is a dissent, it states the author's proposed resolution rather than a binding holding.