reglab/housing_qa huggingface dataset:
MS Code § 89-5-3 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 1 - General Provisions|§ 89-5-3. Conveyances, mortgages; void if not lodged for record

 Except as provided by Sections 89-5-101 through 89-5-113, all bargains and sales, and all other conveyances whatsoever of lands, whether made for passing an estate of freehold or inheritance, or for a term of years; and all instruments of settlement upon marriage wherein land, money, or other personalty should be settled or covenanted to be left or paid at the death of the party, or otherwise; and all deeds of trust and mortgages whatsoever, shall be void as to all creditors and subsequent purchasers for a valuable consideration without notice, unless they be acknowledged or proved and lodged with the clerk of the chancery court of the proper county, to be recorded in the same manner that other conveyances are required to be acknowledged or proved and recorded. Failure to file such instrument with the clerk for record shall prevent any claim of priority by the holder of such instrument over any similar recorded instrument affecting the same property, to the end that with reference to all instruments which may be filed for record under this section, the priority thereof shall be governed by the priority in time of the filing of the several instruments, in the absence of actual notice. But as between the parties and their heirs, and as to all subsequent purchasers with notice or without valuable consideration, said instruments shall nevertheless be valid and binding.
MS Code § 89-5-5 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 1 - General Provisions|§ 89-5-5. Priority of all instruments, and notice thereof controlled by date of filing for record; take effect, when

 Every conveyance, covenant, agreement, bond, mortgage, and deed of trust shall take effect, as to all creditors and subsequent purchasers for a valuable consideration without notice, only from the time when delivered to the clerk to be recorded; and no conveyance, covenant, agreement, bond, mortgage, or deed of trust which is unrecorded or has not been filed for record, shall take precedence over any similar instrument affecting the same property which may be of record, to the end that with reference to all instruments which may be filed for record under this section, the priority thereof shall be governed by the priority in time of the filing of the several instruments, in the absence of actual notice.
MS Code § 89-5-7 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 1 - General Provisions|§ 89-5-7. Written contracts in relation to land recordable

 Every title-bond or other written contract in relation to land may be acknowledged or proved, and certified and recorded, in the same manner as conveyances of land; and such acknowledgment or proof, and the proper certificate thereof and delivery to the clerk of the chancery court of the proper county to be recorded, shall be notice to all subsequent purchasers of the existence of such bond or contract.
MS Code § 89-5-8 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 1 - General Provisions|§ 89-5-8. Affidavits relating to identification, marital status, heirship, etc. of party to instrument affecting real estate titles recordable; affidavit of scrivener's error recordable; admissibility

  Any affidavit relating to the identification, the marital status, the heirship, the relation, the death, or the time of death, of any person who is a party to any instrument affecting the title to real estate, or any affidavit relating to the identification of any corporation or other legal entity which is a party to any instrument affecting the title to real estate, duly sworn to and acknowledged before any officer or person authorized to administer an oath under the laws of this state, shall be recordable in the land records in the office of the chancery clerk in the county where the real estate is situated.     Notice of a typographical or other minor error in an instrument affecting the title to real estate may be given by recording an affidavit of scrivener's error. If an affidavit is conspicuously identified as an affidavit of scrivener's error, the chancery clerk shall index the affidavit in the general index under the names of the original parties to the instrument if they are identified in the affidavit, and in the sectional index as provided in the indexing instructions of the affidavit. Notice of the corrective information provided by the affiant is effective upon recordation. An affidavit under this paragraph (a) may be prepared only by an attorney licensed to practice law in this state who prepared any instrument in the chain of title to the subject real estate.   The affidavit of scrivener's error shall be sworn to and acknowledged before any officer or person authorized to administer an oath under the laws of this state, and shall be recordable in the land records in the office of the chancery clerk in the county where the real estate is situated.   If requested, the chancery clerk shall make a marginal notation on the instrument to which the affidavit refers.     Any affidavit so recorded, or a certified copy thereof, shall be admissible as evidence in any action involving the instrument to which it relates or the title to the real estate affected by the instrument and shall be prima facie evidence of the facts stated therein and the marketability of the title to real estate.
MS Code § 89-5-9 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 1 - General Provisions|§ 89-5-9. Copies of certain records may be recorded

 A copy of the record of any instrument of writing affecting property in this state, and which has been legally recorded in any other state of the United States, or in a foreign country, when certified by the clerk or other officer in whose custody the record is, under his seal of office, if he have one, may be recorded in this state in the same way and with like effect as if it had been executed and acknowledged in this state.
MS Code § 89-5-11 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 1 - General Provisions|§ 89-5-11. Patents issued by United States or this state recordable

 All patents issued in the name of the United States or of this state for lands, may, whether acknowledged or not, be recorded in the office of the clerk of the chancery court of the county in which the land embraced in the patent may lie.
MS Code § 89-5-13 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 1 - General Provisions|§ 89-5-13. Instruments of conveyance recorded for seven and ten years; acknowledgment valid

  Concerning an interest in land, whenever an instrument of conveyance (including but not limited to a deed of trust or assignment), release, termination or cancellation which contains a defective acknowledgement has been of record seven (7) years or more in the land records of the county in which the said land is located, the acknowledgment shall be good without regard to the form of the certificate of acknowledgment.   Any such instrument which has been of record for ten (10) years and which bears no acknowledgement shall likewise be treated as if properly acknowledged.
MS Code § 89-5-15 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 1 - General Provisions|§ 89-5-15. Transfer of record; debt to be noted on record

 Except as provided in Section 89-5-37, Mississippi Code of 1972, when the indebtedness, or any part thereof, secured by a mortgage, deed of trust, or other lien of record shall be assigned by the person appearing by the record to be the creditor, he shall be required by the assignee to enter the fact of the assignment on the margin of the record of the lien; and in default of making such entry, any satisfaction or cancellation of the lien or instrument evidencing it entered by the original creditor shall release the same as to subsequent creditors and purchasers for value without notice, unless the assignment be by writing duly acknowledged and filed for record; and every assignment by an assignee of any such lien shall be entered in like manner and with like effect in case of failure.
MS Code § 89-5-17 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 1 - General Provisions|§ 89-5-17. Assignments of indebtedness to be marked on record

 Except as provided in Section 89-5-37, all assignments in whole or in part of any indebtedness secured by mortgage, deed of trust, or other lien of record, shall be entered on the margin of the record of the lien or said assignment shall be acknowledged and filed for record, and if the assignor or assignee of said indebtedness fail to comply with the provisions of this section the debtor shall be fully protected in transactions with the holder of record in the absence of actual notice of the assignment.
MS Code § 89-5-19 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 1 - General Provisions|§ 89-5-19. When a lien appears by the record to be barred, it ceases

 Where the remedy to enforce any mortgage, deed of trust, or other lien on real or personal property which is recorded, appears on the face of the record to be barred by the statute of limitations (which, as to a series of notes or a note payable in installments, shall begin to run from and after the maturity date of the last note or last installment), the lien shall cease and have no effect as to creditors and subsequent purchasers for a valuable consideration without notice, unless within six (6) months after such remedy is so barred the fact that such mortgage, deed of trust, or lien has been renewed or extended be entered on the margin of the record thereof, by the creditor, debtor, or trustee, attested by the clerk, or a new mortgage, deed of trust, or lien, noting the fact of renewal or extension, be duly filed for record within such time. If the date of final maturity of such indebtedness so secured cannot be ascertained from the face of the record the same shall be deemed to be due one (1) year from the date of the instrument securing the same for the purpose of this section. And where a suit shall have been brought to keep a judgment alive within seven (7) years from the rendition of such judgment, the general lien of such judgment shall expire as to creditors and subsequent purchasers for a valuable consideration, without notice, at the end of seven (7) years from the rendition of such judgment, notwithstanding such suit to keep alive the judgment unless a notation to keep alive such judgment shall be made on the judgment roll within six (6) months after the expiration of seven (7) years from the time of the rendition of such judgment.
MS Code § 89-5-21 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 1 - General Provisions|§ 89-5-21. Entry of satisfaction upon record of mortgage or deed of trust

  Except as otherwise provided in subsections (3), (4) and (5), any mortgagee or cestui que trust, or assignee of any mortgagee or cestui que trust, of real or personal estate, having received full payment of the money due by the mortgage or deed of trust, shall enter satisfaction upon the margin of the record of the mortgage or deed of trust, which entry shall be attested by the clerk of the chancery court and discharge and release the same, and shall bar all actions or suits brought thereon, and the title shall thereby revest in the grantor.   Any such mortgagee or cestui que trust, or such assignee, by himself or his attorney, who does not, after payment of all sums owed, within one (1) month after written request, cancel on the record the mortgage or deed of trust shall forfeit the sum of Two Hundred Dollars ($200.00), which can be recovered by suit on part of the party aggrieved, and if after request, he fails or refuses to make such acknowledgment of satisfaction, the person so neglecting or refusing shall forfeit and pay to the party aggrieved any sum not exceeding the mortgage money, to be recovered by action; but such entry of satisfaction may be made by anyone authorized to do it by the written authorization of the mortgagee or beneficiary, duly acknowledged and recorded, and shall have the same effect as if done by the mortgagee or beneficiary.   With respect to a mortgage or deed of trust which states on its face that it secures a line of credit, satisfaction of record shall be accomplished and extinguishment shall occur as provided in subsection (5).   As used in this section, the term "line of credit" means any loan, extension of credit or financing arrangement where the lender has agreed to make additional or future advances.   Any mortgagee or cestui que trust, or the assignee of a mortgagee or cestui que trust, under a mortgage or deed of trust securing a line of credit shall, upon (a) the termination or maturity of the line of credit and the payment of all sums owing in connection with the line of credit, or (b) the payment of all sums owing in connection with the line of credit and a written request by the debtor to cancel the line of credit and the mortgage or deed of trust securing the line of credit, enter satisfaction upon the margin of the record of the mortgage or deed of trust, which entry shall be attested by the clerk of the chancery court and discharge and release the same, and shall bar all actions or suits brought thereon, and the title shall thereby revest in the grantor. For the purpose of this subsection (5), the requirement of a written request by the debtor may be satisfied by a prospective creditor's delivery of a document, signed by the debtor, requesting cancellation of the line of credit and the mortgage or deed of trust securing the line of credit.
MS Code § 89-5-23 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 1 - General Provisions|§ 89-5-23. Oil, gas, and mineral leases; cancellation of record upon expiration

  Whenever any oil, gas and mineral lease which is now or may hereafter be recorded in any county of this state shall expire or terminate, the holder of such oil, gas and mineral lease, or the last assignee of record thereof, as the case may be, shall be required to cancel of record such oil, gas and mineral lease by entering upon the margin of the record of such lease, a notation that said oil, gas and mineral lease has terminated and expired, which entry shall be attested by the clerk of the chancery court and shall discharge and release the lands therein described from said oil, gas and mineral lease; or the holder or last assignee of record, as the case may be, of an oil, gas and mineral lease may execute an instrument, duly recordable under the laws of this state, stating that the said oil, gas and mineral lease has expired and terminated and that no further rights or claims will be asserted thereunder.  The chancery clerk shall be allowed a fee of One Dollar ($1.00) for making such cancellation, and shall not be required to index same on sectional index but shall be required to note the cancellation on the margin of the record where said lease is recorded and if said cancellation is by separate instrument he shall note the cancellation on the margin where lease is recorded showing book and page of said instrument of cancellation.    If the holder of an oil, gas and mineral lease or the last assignee of record, as the case may be, shall not, within one (1) month after written request made by the lessor or his assigns, cancel on the record said oil, gas and mineral lease, or furnish proof, as above provided, that the same has expired and terminated, the lessee or the last assignee of record, as the case may be, of such oil, gas and mineral lease, shall forfeit the sum of One Hundred Dollars ($100), which may be recovered by suit on the part of the party aggrieved.
MS Code § 89-5-25 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 1 - General Provisions|§ 89-5-25. How instrument recorded and indexed; records public; copies

  It shall be the duty of the clerk of the chancery court to whom any written instrument is delivered to be recorded, and which is properly recordable in his county, to record the same without delay, together with the acknowledgments of proofs and the certificates thereof, and also the plats of surveys, schedules, and other papers thereto annexed, by entering them word for word in a fair handwriting, or typewriting, or by filling up printed forms, or by recording by photostat machine or other equally permanent photographic or electronic process, and entering the hour and minute, the day of the month, and the year when the instrument was delivered to him for record, and when recorded. Records filed or stored electronically may be in addition to, or in lieu of, the physical record on paper. He shall also carefully preserve all instruments of writing, which are properly acknowledged and delivered to him to be recorded, and after recording deliver them to the party entitled thereto on demand. He shall also put a complete alphabetical index, both direct and reverse, to each book, except as provided in subsection (2), herein; and every person shall have access, at proper times, to such books, and be entitled to transcripts from the same on paying the lawful fees. He shall record the deeds and other instruments in the order of time in which they are filed for record as far as practicable.   In counties having a population in excess of one hundred nineteen thousand (119,000) with an assessed valuation of all taxable property therein in excess of Sixty-three Million Dollars ($63,000,000.00), and having two (2) cities wholly located therein, each with a population in excess of thirty thousand (30,000) persons according to the preceding Federal Census, wherein the clerk of the chancery court has a well kept general index, both direct and reverse, for each kind or class of record books as required by Section 89-5-33, the board of supervisors may, by order spread upon its minutes, authorize the clerk of the chancery court to omit putting such index in each separate book of the records to which such general index is kept.   This section shall not be construed to authorize and empower the boards of supervisors to purchase any photostat machines or other equally permanent photographic or electronic processes.   From and after July 1, 2009, instruments to be recorded shall comply with the provisions of Section 89-5-24.
MS Code § 89-5-27 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 1 - General Provisions|§ 89-5-27. Receipt for instruments delivered to chancery clerk for recording

 The clerk of the chancery court, or his deputy, shall give a receipt for every written instrument delivered to him to be recorded, if demanded, in which he shall state the name of the parties, the date of delivery and quantity of land or other property therein specified, and shall also certify on or under such instrument the hour and minute, the day and month, and the year when he received it; and when the same is recorded, he shall make an appropriate reference where it is recorded, and an itemized statement of his fees therefor, and he shall deliver it to the party entitled to receive it when called for.
MS Code § 89-5-29 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 1 - General Provisions|§ 89-5-29. Mortgages and deeds of trust on land; how recorded

 Except as hereinafter provided, all mortgages and deeds of trust upon land given to secure the payment of money, and all instruments of writing whereby a trustee is substituted under any such deed of trust, and all instruments of writing canceling or satisfying, or authorizing the cancellation or satisfaction of any such mortgage or deed of trust, shall be recorded separately from other instruments relating to land or records, and such records shall be called "records of mortgages and deeds of trust on land."
MS Code § 89-5-35 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 1 - General Provisions|§ 89-5-35. How certain conveyances indexed

 Every conveyance by a sheriff, constable, marshal, master, commissioner, executor, administrator, guardian, trustee, or other person, in an official or representative character, shall be indexed by the clerk in proper alphabetical order as the conveyance of each person who executed it, and, in like manner, as the conveyance of each person whose property is sold and conveyed; and, for failure herein, he shall be liable in damages and for a penalty of Two Hundred Dollars ($200.00) to any person sustaining damage by such failure.
MS Code § 89-5-37 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 1 - General Provisions|§ 89-5-37. Name of beneficiary must be disclosed in mortgage or deed of trust to be recorded; exception

 The clerk of the chancery court, or his deputy, shall not record any mortgage or deed of trust in which the name of the beneficiary is not disclosed therein, and if such instrument is recorded it shall not impart notice to anyone. But the preceding sentence shall not apply if the mortgage or deed of trust discloses as beneficiary the name of an agent or other representative designated as such of one or more holders of the secured indebtedness in which event there shall be no requirement to disclose the holders of promissory notes, bonds, certificates of participation, trustee's certificates or the like secured by the mortgage or deed of trust. The assignment or transfer of a secured indebtedness need not be filed for record nor entered on the margin of the record if the holder thereof is represented by an agent, trustee or the like disclosed as beneficiary in the mortgage or deed of trust.
MS Code § 89-5-39 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 1 - General Provisions|§ 89-5-39. Books of record not to be removed

 A book of record of conveyances shall not be removed by writ or subpoena duces tecum, or otherwise, before any court, out of the courthouse in which such record is kept, when a certified copy or transcript may be given in evidence.
MS Code § 89-5-41 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 1 - General Provisions|§ 89-5-41. Records in counties divided into two districts

 Where it is not now so provided by law, in any county divided into two (2) districts for circuit and chancery courts, the board of supervisors may, by an order entered on its minutes, to go into effect six (6) weeks thereafter, require the clerk of the chancery court to transcribe into new record books the record of all conveyances theretofore made, and record all conveyances thereafter made affecting property situated wholly or partly in the district not before having the records; and all conveyances shall thereafter be recorded only in the proper district. And the records of conveyances in such district shall be kept and have the same effect as if they were several counties.
MS Code § 89-5-43 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 5 - Recording of Instruments|Article 1 - General Provisions|§ 89-5-43. Penalty on clerk for failure of duty

 Any clerk who shall refuse or fail to perform any of the duties herein required shall, for every such refusal or neglect, be liable on his official bond to any party injured for all damages which such party may have sustained by reason of the nonperformance of such duty.