reglab/housing_qa huggingface dataset:
MS Code § 89-5-45 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 1 - General Provisions|§ 89-5-45. Substitution of trustee must appear of record; general substitution allowed for certain beneficiaries

 Sales of land made under deeds of trust by substituted trustees shall not convey the interest of the grantor or grantors therein, but shall be absolutely null and void, both at law and in equity, unless the substitution shall appear of record in the office of the chancery clerk of the county where the land is situated, and unless it shall so appear by being actually spread at large upon the record before the first advertisement or notice of sale shall have been posted or published; the filing for record or lodging with the clerk not being sufficient. Such substitution, however, may so appear by a separate instrument recorded as above set out in all respects, or a copy of such substitution may be recorded as above set out. Provided, however, that where the beneficiary named in the deed of trust is an agency of the United States or the State of Mississippi, a national or state chartered bank or savings and loan association, a federal land bank, a production credit association, or an insurance company, the beneficiary may substitute the trustee named therein and the trustee named in all deeds of trust held by such beneficiary in the county, by recording in the office of the chancery clerk in the county where the land encumbered is situated one (1) instrument designated as a general substitution. It shall not be necessary for the general substitution to identify individually deeds of trust affected, or the grantors therein, it being sufficient if the instrument recites the name and address of the beneficiary and declares that its purpose is to name a substitute trustee for all mortgages or deeds of trust held by the named beneficiary which are recorded in the county. All general substitutions shall be indexed by the chancery clerk in a separate book especially designated for such purpose.
MS Code § 89-5-101 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 3 - Uniform Real Property Electronic Recording Act|§ 89-5-101. Short title

 This article may be cited as the Uniform Real Property Electronic Recording Act.
MS Code § 89-5-103 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 3 - Uniform Real Property Electronic Recording Act|§ 89-5-103. Definitions

 In this article:    "Document" means information that is:   Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and   Eligible to be recorded in the land records maintained by the chancery clerk.     "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.   "Electronic document" means a document that is received by the chancery clerk in an electronic form.   "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.   "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.   "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
MS Code § 89-5-105 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 3 - Uniform Real Property Electronic Recording Act|§ 89-5-105. Validity of electronic documents

 If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this article.   If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.   A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
MS Code § 89-5-107 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 3 - Uniform Real Property Electronic Recording Act|§ 89-5-107. Recording of documents

 In this section, "paper document" means a document that is received by the chancery clerk in a form that is not electronic.   A chancery clerk:    Who implements any of the functions listed in this section shall do so in compliance with standards established by the commission.   May receive, index, store, archive, and transmit electronic documents.   May provide for access to, and for search and retrieval of, documents and information by electronic means.   Who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index.   May convert paper documents accepted for recording into electronic form.   May convert into electronic form information recorded before the chancery clerk began to record electronic documents.   May accept electronically any fee or tax that the chancery clerk is authorized to collect.   May agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes.
MS Code § 89-5-109 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 3 - Uniform Real Property Electronic Recording Act|§ 89-5-109. Administration and standards

 The Mississippi Electronic Recording Commission consisting of eleven (11) members is created to adopt standards to implement this article. The membership of the commission shall comprise the following:    A person appointed by the Governor;   A person appointed by the Lieutenant Governor;   A person appointed by the Speaker of the House of Representatives;   Three (3) members of the Chancery Clerks' Association;   A person appointed by the Mississippi Association of Supervisors;   The director of the Mississippi Information Technology Services or his designee; and   Three (3) persons appointed by the Secretary of State.  Appointed members of the commission shall serve a term of two (2) years from the date of appointment as evidenced by letters to the Secretary of the Senate and the Clerk of the House of Representatives, with the appointment letter last received being the effective date of appointment. Any member serving by virtue of appointment shall serve until a successor is duly appointed. Appointed members shall be eligible for reappointment at the end of their terms.     Appointments are to be made no later than October 1, 2011, and the initial meeting of the commission is to be held no later than November 1, 2011. The initial meeting is to be called at a time and place designated by the Secretary of State who shall preside until a permanent chair is elected. The election of a permanent chair shall be held at the initial meeting. The chair shall serve during the chair's tenure but shall not serve consecutive terms as chair. The commission shall establish rules to govern the conduct of its meetings and shall elect such officers as provided in the rules. A quorum shall consist of no fewer than six (6) members.   To keep the standards and practices of chancery clerks in this state in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this article and to keep the technology used by chancery clerks in this state compatible with technology used by recording offices in other jurisdictions that enact substantially this article, the commission, so far as is consistent with the purposes, policies, and provisions of this article, in adopting, amending, and repealing standards shall consider:   Standards and practices of other jurisdictions;   The most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association;   The views of interested persons and governmental officials and entities;   The needs of counties of varying size, population, and resources; and   Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.
MS Code § 89-5-111 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 3 - Uniform Real Property Electronic Recording Act|§ 89-5-111. Uniformity of application and construction

 In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
MS Code § 89-5-113 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 3 - Uniform Real Property Electronic Recording Act|§ 89-5-113. Relation to Electronic Signatures in Global and National Commerce Act

 This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 USCS Section 7001, et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 USCS Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 USCS Section 7003(b)).
MS Code § 91-8-101 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 1 - General Provisions and Definitions|§ 91-8-101. Short title

 This chapter may be cited as the Mississippi Uniform Trust Code.
MS Code § 91-8-102 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 1 - General Provisions and Definitions|§ 91-8-102. Scope

 This chapter applies to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust.
MS Code § 91-8-104 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 1 - General Provisions and Definitions|§ 91-8-104. Knowledge

 Subject to subsection (b), a person has knowledge of a fact if the person:    Has actual knowledge of it;   Has received a notice or notification of it; or   From all the facts and circumstances known to the person at the time in question, has reason to know it.    An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.
MS Code § 91-8-106 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 1 - General Provisions and Definitions|§ 91-8-106. Common law of trusts; principles of equity

 The common law of trusts and principles of equity supplement this chapter, except to the extent modified by this chapter or another statute of this state.
MS Code § 91-8-107 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 1 - General Provisions and Definitions|§ 91-8-107. Governing law

 The validity, construction and administration of a trust are determined by the law of the jurisdiction designated in the terms of the trust instrument.   In the absence of a controlling designation in the terms of the trust, the laws of the jurisdiction where the trust was executed determine the validity of the trust, construction of the trust instrument and the laws of descent, while the laws of the principal place of administration determine the administration of the trust.
MS Code § 91-8-109 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 1 - General Provisions and Definitions|§ 91-8-109. Methods and waiver of notice

 Notice to a person under this chapter or the sending of a document to a person under this chapter must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person's last-known place of residence or place of business, or a properly directed electronic message.   Notice otherwise required under this chapter or a document otherwise required to be sent under this chapter need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.   Notice under this chapter or the sending of a document under this chapter may be waived by the person to be notified or sent the document.   Notice of a judicial proceeding must be given as provided in the applicable rules of civil procedure.
MS Code § 91-8-110 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 1 - General Provisions and Definitions|§ 91-8-110. Others treated as qualified beneficiaries

 A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this chapter if the charitable organization, on the date the charitable organization's qualification is being determined:    Is a distributee or permissible distributee of trust income or principal;   Would be a distributee or permissible distributee of trust income or principal if the interests of other distributees or permissible distributees then receiving or eligible to receive distributions terminated on that date without causing the trust to terminate; or   Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.
MS Code § 91-8-111 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 1 - General Provisions and Definitions|§ 91-8-111. Nonjudicial settlement agreements

 Except as otherwise provided in subsection (b), the trustee and qualified beneficiaries may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.   A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law.   Matters that may be resolved by a nonjudicial settlement agreement include:    The interpretation or construction of the terms of the trust;   The approval of a trustee's report or accounting;   Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;   The resignation or appointment of a trustee and the determination of a trustee's compensation;   Transfer of a trust's principal place of administration;   Liability of a trustee for an action relating to the trust;   The extent or waiver of bond of a trustee;   The governing law of the trust; and   The criteria for distribution to a beneficiary where the trustee is given discretion.    Any qualified beneficiary or trustee may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in Article 3 was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.
MS Code § 91-8-112 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 1 - General Provisions and Definitions|§ 91-8-112. Rules of construction

 The rules of construction that apply in this state to the interpretation of and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property.
MS Code § 91-8-201 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 2 - Judicial Proceedings|§ 91-8-201. Role of court in administration of trust

 The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.   A trust is not subject to continuing judicial supervision unless ordered by the court.   A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including, but not limited to, a proceeding to:    Request instructions;   Determine the existence or nonexistence of any immunity, power, privilege, duty or right;   Approve a nonjudicial settlement;   Interpret or construe the terms of the trust;   Determine the validity of a trust or of any of its terms;   Approve a trustee's report or accounting or compel a trustee to report or account;   Direct a trustee to refrain from performing a particular act or grant to a trustee any necessary or desirable power;   Review the actions or approve the proposed actions of a trustee, including the exercise of a discretionary power;   Accept the resignation of a trustee;   Appoint or remove a trustee;   Determine a trustee's compensation;   Transfer a trust's principal place of administration or a trust's property to another jurisdiction;   Determine the liability of a trustee for an action relating to the trust and compel redress of a breach of trust by any available remedy;   Modify or terminate a trust;   Combine trusts or divide a trust;   Determine liability of a trust for debts of a beneficiary and living settlor;   Determine liability of a trust for debts, expenses of administration, and statutory allowances chargeable against the estate of a deceased settlor;   Determine the liability of a trust for claims, expenses and taxes in connection with the settlement of a trust that was revocable at the settlor's death; and   Ascertain beneficiaries and determine to whom property will pass upon final or partial termination of a trust.
MS Code § 91-8-202 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 2 - Judicial Proceedings|§ 91-8-202. Jurisdiction over trustee and beneficiary

 By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.   With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the courts of this state regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.   This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust.
MS Code § 91-8-203 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 2 - Judicial Proceedings|§ 91-8-203. Subject-matter jurisdiction

 Except as provided in subsections (b) and (c), the chancery court has exclusive jurisdiction of proceedings in this state brought by a trustee or beneficiary concerning the administration of a trust.   Any other court granted statutory equitable jurisdiction has concurrent jurisdiction with the chancery court in any proceedings in this state brought by a trustee or beneficiary concerning the administration of a trust.   The chancery court has concurrent jurisdiction with other courts of this state in other proceedings involving a trust.
MS Code § 91-8-204 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 2 - Judicial Proceedings|§ 91-8-204. Venue

 Except as otherwise provided in subsection (b), venue for a judicial proceeding involving a trust is in the county of this state in which the trust's principal place of administration is or will be located and, if the trust is created by will and the estate is not yet closed, in the county in which the decedent's estate is being administered.   If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in a county of this state in which a beneficiary resides, in a county in which any trust property is located, and if the trust is created by will, in the county in which the decedent's estate was or is being administered.