reglab/housing_qa huggingface dataset:
MS Code § 85-7-401 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 21 - Special Liens on Real Estate or Other Property|§ 85-7-401. Definitions

 The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:   "Business day" means any day that is not a Saturday, Sunday, or legal holiday.   "Contractor" means a contractor having privity of contract with the owner or lessee of the real estate.   "Lien action" means a civil action against the owner of improved property to perfect and make permanent the lien created by Section 85-7-403.   "Payment action" means a lawsuit, proof of claim in a bankruptcy case, or a binding arbitration.   "Professional surveyor" has the meaning given in Section 73-13-71.   "Materials" means materials, tools, appliances, machinery, or equipment used in making improvements to the real estate.   "Materialmen" or "materialman" means all persons furnishing the materials, tools, appliances, machinery, or equipment included in the definition of materials to a contractor or to a subcontractor in privity with the contractor.   "Professional engineer" has the meaning given in Section 73-13-3.   "Residential property" means single-family and two-family, three-family, and four-family residential real estate.   "Statutory overnight delivery" means delivery of a document through the United States Postal Service or through a commercial firm that is regularly engaged in the business of document delivery or document and package delivery in which the sender:   Has directed that delivery be not later than the next business day following the day on which the document is received for delivery by the United States Postal Service or the commercial firm; and   Receives a receipt acknowledging receipt of the document signed by addressee or an agent of the addressee.   "Subcontractor" means subcontractors having privity of contract with the contractor; "subcontractor" also means subcontractors having privity of contract with a subcontractor having privity of contract with the contractor.   "Registered architect" has the meaning given in Section 73-1-3.   "Design professional" includes professional surveyors, professional engineers and registered architects.
MS Code § 85-7-403 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 21 - Special Liens on Real Estate or Other Property|§ 85-7-403. Special lien on real estate or other property for labor, services or materials furnished

  The following persons shall each have a special lien on the real estate or other property for which they furnish labor, services or materials:   All contractors, all subcontractors and all materialmen furnishing material for the improvement of real estate;   All registered architects or professional engineers furnishing plans, drawings, designs, or other architectural or engineering services on or with respect to any real estate;   All registered land surveyors performing or furnishing services on or with respect to any real estate.     Each special lien specified in subsection (1) of this section may attach to the real estate of the owner for which the labor, services or materials are furnished if they are furnished at the instance of the owner, design professional or contractor or a subcontractor having direct privity of contract with a contractor, and shall include the value of work done and labor, services or materials furnished.   Each special lien specified in subsection (1) of this section shall be limited to the amount due and owing the lien claimant under the terms of its express or oral contract, subcontract or purchase order subject to Section 85-7-405(4).   Each special lien specified in subsection (1) of this section shall include interest on the principal amount due in accordance with Section 75-17-1, 75-17-7 or 75-17-19 as applicable by law.   Notwithstanding any other provision of this article, no lien shall exist in favor of any contractor or subcontractor who is not licensed as required by either Section 31-3-1 et seq., or Section 73-59-1 et seq., or who contracts with any contractor or subcontractor who is not licensed as required. Upon request, any contractor or subcontractor is required to provide any owner, contractor, subcontractor or materialman a copy of that person's current license.
MS Code § 85-7-409 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 21 - Special Liens on Real Estate or Other Property|§ 85-7-409. Limitation of recovery of subcontractors against single-family residential homeowner

  As to single-family residential construction only, payment made by or on behalf of the owner to a contractor or design professional in privity with the owner, for the work of a subcontractor, materialman, professional engineer or professional surveyor, shall be an absolute defense to any claim of lien made by the subcontractor, materialman, professional engineer or professional surveyor, (a) but only to the extent of the payment actually made by or on behalf of the owner to the contractor or design professional in privity with the owner, and (b) only to the extent the owner has not received a pre-lien notice in accordance with subsection (2) of this section before the payment.   As to single-family residential construction only, as a condition precedent of any right to a special lien under Section 85-7-403 in favor of a subcontractor, materialman or design professional not in privity with the owner, the claimant must provide the owner a pre-lien written notice at least ten (10) days before filing a claim of lien under Section 85-7-405, which can be evidenced by any reliable means of delivery.   The claimant's written notice required in subsection (2) shall be in substantially the same form as the Pre-Lien Notice set forth in Section 85-7-433(5).
MS Code § 85-7-411 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 21 - Special Liens on Real Estate or Other Property|§ 85-7-411. Attachment of liens to buildings or improvements on leased property

    When the building or improvement is erected under or by virtue of any contract with a lessee in possession, and the erection thereof is not in violation of the terms or conditions of the lease, the lien shall attach to the building or improvement, and to the unexpired term of the lease, and the holder of the lien shall have the right to avoid a forfeiture of the lease by paying rent to the lessor, as it becomes due and payable, or by the performance of any other act or duty to which the lessee is bound.   If the lien can be enforced by a sale of the building or improvement, the purchaser may, at his election, (i) become entitled to the possession of the demised premises, and to remain therein for the unexpired term, by paying rent to the lessor, or performing any other act or duty to which the lessee was bound, as if he were the assignee of the lease; or (ii) he may, within sixty (60) days after the sale, remove the building or improvement from the premises, but only to the extent that it is detachable from the real property without injury to the real property; and if he elects to take possession and to remain therein until the expiration of the term of the lease, he may, within a reasonable time after the expiration of the term, remove the building or improvement from the premises, but only to the extent that it is detachable from the real property without injury to the real property.   If, before a sale, the holder of the lien has made any payments of rent, or other pecuniary compensation to the lessor, which ought to have been paid by the lessee, he shall be reimbursed for the payments from the proceeds of the sale.     When a lien attaches under subsection (1) of this section, the lessor, at any time before a sale of the property, shall have a right to discharge the lien by paying to the holder the amount secured thereby, including costs and all monies he may have paid to the lessor to prevent a forfeiture of the lease, and, after a sale, he shall have the right to prevent the removal of the building or improvement from the premises by paying to the purchaser the value of the building or improvement; and upon the payment, either to the holder of the lien or to the purchaser, the building or improvement shall become the property of the lessor.   Notwithstanding subsections (1) and (2) of this section, unless done by the written consent of the owner, only the building or improvements erected, and then only to the extent that they are detachable from the real property without injury to the real property, as well as the estate of the tenant in the land, shall be subject to the lien.
MS Code § 85-7-413 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 21 - Special Liens on Real Estate or Other Property|§ 85-7-413. Dissolution of special liens

  The special lien specified in Section 85-7-403(1) shall be dissolved and unenforceable if the owner, purchaser from owner, or lender providing construction or purchase money or any other loan secured by real estate shows that:   Payment or release of funds was made by the owner, purchaser or lender in reliance upon a lien waiver issued by the lien claimant pursuant to Section 85-7-419; or   Payment or release of funds was made by the owner, purchaser or lender in reliance upon a sworn written statement of the contractor that the agreed price or reasonable value of the labor, services or materials has been paid or waived in writing by the lien claimant. If the sworn written statement, as required by the paragraph (b), is falsely and knowingly made, then all parties injured thereby shall have a right of action against the maker of the sworn written statement for damages in the amount of three (3) times their actual damages sustained on account of the willfully and falsely made sworn written statement.     In a lien action, the owner of the improved real estate shall have a defense to the extent of any payment for the work, materials or services that are the subject of the lien made to a contractor or design professional in privity of contract with the owner or to a subcontractor in good-faith reliance upon receipt of a lien waiver pursuant to subsection (1)(a), or upon receipt of a sworn written statement pursuant to subsection (1)(b), and before receipt of notice of the filing by the lien claimant of a notice of lien pursuant to Section 85-7-405 or an affidavit of nonpayment pursuant to Section 85-7-419(5)(b).
MS Code § 85-7-417 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 21 - Special Liens on Real Estate or Other Property|§ 85-7-417. Privileges and benefits of partnerships, corporations or associations with respect to special liens on real estate

 If services are performed or furnished with respect to any real estate by any design professional who is a member of a partnership or who is an agent or employee of a corporation or an association and the contract for the services is made for or on behalf of the owner with the partnership or corporation or association, the partnership, corporation or association shall be entitled to all the privileges and benefits of Section 85-7-403, just as if the partnership, corporation or association were a design professional.
MS Code § 85-7-421 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 21 - Special Liens on Real Estate or Other Property|§ 85-7-421. Expiration of claim of lien if payment action not timely filed; filing cancellation of fully satisfied lien

  Failure of a lien claimant to commence a payment action to collect the amount of his or her claim within one hundred eighty (180) days from the date of filing the lien renders the claim of lien unenforceable. Any lien filed shall include on the face of the lien the following statement in at least 12 point bold font: "THIS CLAIM OF LIEN EXPIRES AND IS VOID ONE HUNDRED EIGHTY (180) DAYS FROM THE DATE OF FILING OF THE CLAIM OF LIEN IF A PAYMENT ACTION IS NOT FILED IN THAT TIME PERIOD." Failure to include the required language shall invalidate the lien and prevent it from being filed. No release or voiding of the liens shall be required. A lien shall expire sooner and be disregarded once it is determined that no notice of commencement was timely filed in response to a notice of contest pursuant to Section 85-7-423.   Whenever any lien has been fully satisfied, the holder thereof shall file a cancellation of it in the record in the office of the chancery clerk.   Any holder of a lien, who, after having been fully paid, fails for fifteen (15) days after demand in writing to file a cancellation as provided in subsection (1) of this section, shall be liable to any person thereby injured for the amount of the injury, which shall not be less than Five Hundred Dollars ($500.00) per day that the required cancellation is not timely filed, plus reasonable attorney's fees and costs.
MS Code § 85-7-423 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 21 - Special Liens on Real Estate or Other Property|§ 85-7-423. Shortening the time prescribed in which to file payment action

  An owner or an owner's agent or attorney, or the contractor or contractor's agent or attorney, may elect to shorten the time prescribed in which to commence a payment action to enforce any claim of lien by recording in the chancery clerk's office a notice in substantially the form set forth in Section 85-7-433(4), along with proof of delivery to the lien claimant.   The clerk of the chancery court shall cross-reference the notice of contest of lien to the lien. The owner or the owner's agent or attorney, or the contractor or the contractor's agent or attorney, shall send a copy of the notice of contest of lien by registered or certified mail or statutory overnight delivery to the lien claimant at the address noted on the face of the lien within seven (7) days of filing. Service shall be deemed complete upon mailing.   The lien shall be extinguished by law upon the earlier of ninety (90) days after the filing of the notice of contest of lien, or one hundred eighty (180) days from the date of lien filing if no payment action is filed in that time period. No release or voiding of the liens shall be required. This subsection shall not be construed to extend the time in which a payment action must begin.
MS Code § 85-7-425 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 21 - Special Liens on Real Estate or Other Property|§ 85-7-425. Computation of time

 The computation of time under this article shall be determined pursuant to Section 1-3-67.
MS Code § 85-7-427 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 21 - Special Liens on Real Estate or Other Property|§ 85-7-427. Enforcement of judgments by special writ of execution

  Judgments establishing the lien, and ordering the property sold for the satisfaction thereof, may be enforced by special writ of execution as set forth in Section 85-7-153.   The delivery of possession by the person claiming the lien shall not affect his lien.
MS Code § 85-7-429 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 21 - Special Liens on Real Estate or Other Property|§ 85-7-429. Liability for falsely and knowingly filing claim of lien without just cause

  Any person who shall falsely and knowingly file the claim of lien provided in this article without just cause shall be liable to every party injured thereby for a penalty equal to three (3) times the full amount for which the claim was filed, to be recovered in an action by any party so injured at any time within one hundred eighty (180) days from the filing of the claim of lien.   Any person whose rights may be adversely affected by wrongful filing of a claim of lien, as provided by this article may, in addition to the remedies set forth in subsection (1) of this section, apply, upon seven (7) days' notice, to the circuit, county or chancery court, to expunge or vacate the claim of lien, in accordance with Rule 81(d) (2) of the Mississippi Rules of Civil Procedure.
MS Code § 85-7-431 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 21 - Special Liens on Real Estate or Other Property|§ 85-7-431. Payment bond as substitution for subcontractor or materialmen liens

 Where a contractor gives a payment bond providing payment protection to subcontractors and material suppliers to the full extent provided by the Mississippi Little Miller Act found at Section 31-5-51 or the private project bond provision at Section 85-7-432, the payment bond shall be in substitution for the liens provided for a subcontractor or materialman in this article. The contractor's right to a lien is not affected by the provision of a bond.
MS Code § 85-7-501 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 23 - Commercial Real Estate Broker Lien Act|§ 85-7-501. Short title

 This article shall be known and may be cited as the "Commercial Real Estate Broker Lien Act."
MS Code § 85-7-503 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 23 - Commercial Real Estate Broker Lien Act|§ 85-7-503. Definitions

 As used in this article, the following terms have the following meanings:   "Broker" means a real estate broker licensed pursuant to Section 73-35-3(1).   "Broker services" means services for which a license issued by the Mississippi Real Estate Commission is required under Section 73-35-1 et seq.   "Commercial real estate" means any real property or any and every interest or estate in land, including leaseholds, timeshares and condominiums, whether corporeal or incorporeal, freehold or nonfreehold, but excluding oil, gas or mineral leases and any other mineral leasehold, mineral estate or mineral interest of any nature whatsoever, which at the time the property or interest is made the subject of an agreement for broker services:   Is lawfully used primarily for sales, office, research, institutional, warehouse, manufacturing, industrial or mining purposes or for multifamily residential purposes involving five (5) or more dwelling units; or   May lawfully be used for any of the purposes listed in this paragraph (c) by a duly enacted zoning ordinance or which is the subject of an official application or petition to amend the applicable zoning ordinance to permit any of the uses listed in this paragraph (c) which is under consideration by the government agency with authority to approve the amendment; or   Is in good faith intended to be immediately used for any of the purposes listed in this paragraph (c) by the parties to any contract, lease, option or offer to make any contract, lease, or option.   "Compensation" means any compensation that is due a broker for performance of broker services.   "Lien claimant" means a broker claiming a lien under this article.   "Owner" means the owner of record of any interest in commercial real estate.
MS Code § 85-7-505 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 23 - Commercial Real Estate Broker Lien Act|§ 85-7-505. Commercial real estate lien

  A broker shall have a lien upon commercial real estate in the amount that the broker is due under a written agreement for broker services signed by the owner or signed by the owner's duly authorized agent, if:   The broker has performed under the provisions of the agreement;   The written agreement for broker services clearly sets forth the broker's duties to the owner; and   The written agreement for broker services sets forth the conditions upon which the compensation shall be earned and the amount of the compensation.     The lien under this section shall be available only to the broker named in the instrument signed by the owner or the owner's duly authorized agent.   A broker's lien is not valid or enforceable against a grantee or purchaser of an interest in the commercial real estate conveyed by the person owing the compensation if the grantee or purchaser is taking the property without existing tenants or leases covered by a written agreement for broker services if the deed or instrument transferring the interest is recorded before the broker's notice of lien is recorded.
MS Code § 85-7-507 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 23 - Commercial Real Estate Broker Lien Act|§ 85-7-507. When lien attaches to commercial real estate

 A lien authorized by this article attaches to the commercial real estate only when the lien claimant files a timely notice of the lien in the office of the chancery clerk in the county in which the commercial real estate is located. A notice of lien is timely if it is filed after the claimant's performance under the written agreement for broker services and before the conveyance or transfer of the commercial real estate that is the subject of the lien, except in cases where payments of compensation are due in installments or upon renewal. When payment of compensation to a broker is due in installments or upon renewal under the written agreement for broker services, a portion of which is due or may become due after the conveyance or transfer of the commercial real estate, a single claim for a lien filed before transfer or conveyance of the commercial real estate claiming all compensation due in installments or upon renewal shall be valid and enforceable for a period of one (1) year from the date of filing as it pertains to payments due after the transfer or conveyance; however, as payments or partial payments of compensation are received, the broker shall provide partial releases for those payments, thereby reducing the amount due the broker under the broker's lien. The notice of single claim for a lien may be renewed for a period of one (1) year by the filing of a renewal notice meeting the requirements of this article before the expiration of the expiring notice, and may be likewise renewed from year to year so long as installments of compensation or renewal compensation are due. Notwithstanding any notice of single claim for a lien filed, when payment of compensation to a broker is due in installments or contingent upon renewals under the written agreement for broker services, a portion of which is or would be due after the conveyance or transfer of the commercial real estate, any notice of lien for those payments due or becoming due after the transfer or conveyance may be recorded after the transfer or conveyance of the commercial real estate and within ninety (90) days of the date on which the payment is due; in that case the lien shall be effective as a lien against the transferee's interest in the commercial real estate as of the date filed and, in the case of a lease or transfer of a nonfreehold interest, the lien shall be effective as a lien against the owner's interest in the commercial real estate as of the date filed.