reglab/housing_qa huggingface dataset:
MS Code § 85-7-509 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 23 - Commercial Real Estate Broker Lien Act|§ 85-7-509. Lien notice, content

  A lien notice under this article shall be signed by the lien claimant and shall contain an attestation by the lien claimant that the information contained in the notice is true and accurate to the best of the lien claimant's knowledge and belief.   The lien notice shall include all of the following information:   The name of the lien claimant;   The name of the owner;   A description of the commercial real estate upon which the lien is being claimed;   The amount for which the lien is claimed and whether the amount is due in installments; and   The claimant's grounds for the lien, including a reference to the written agreement for broker services that is the basis for the lien. It is not necessary that the written agreement for broker services be attached to the notice.     The chancery clerk shall index properly filed liens in the "Notice of Construction Liens" record maintained in his office as provided under Section 85-7-133.
MS Code § 85-7-511 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 23 - Commercial Real Estate Broker Lien Act|§ 85-7-511. Lien claimant to mail copy of notice of lien to owner(s) by certified mail

 Any lien claimant who files a lien on commercial real estate under the provisions of this article shall mail a copy of the notice of the lien to the owner(s) of the commercial real estate by certified mail, return receipt requested, or shall serve a copy of the notice of the lien in accordance with any of the provisions for service of process set forth in the Mississippi Rules of Civil Procedure, as amended from time to time. The lien claimant shall file proof of service with the chancery clerk. The lien is void if the lien claimant does not file and serve the lien as provided in this section.
MS Code § 85-7-513 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 23 - Commercial Real Estate Broker Lien Act|§ 85-7-513. Enforcing lien

 A lien claimant may bring suit to enforce a lien that attaches under the provisions of this article in any court of competent jurisdiction in the county where the commercial real estate is located. The lien claimant shall begin proceedings within one (1) year after filing the notice of lien, and failure to begin proceedings within the one (1) year shall extinguish the lien. If a claim is based upon an option to acquire an interest in commercial real estate, the lien claimant shall begin proceedings within one (1) year of the option to purchase being exercised. A claim for the same lien extinguished under this section may not be asserted in any later proceeding. A lender shall not be made a party to any suit to enforce a lien under this article unless the lender has willfully caused the nonpayment of the compensation giving rise to the lien.
MS Code § 85-7-515 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 23 - Commercial Real Estate Broker Lien Act|§ 85-7-515. Complaint; content; parties' foreclosure action; procedure

  A complaint filed under the provisions of this article shall contain all of the following:   A statement of the terms of the written agreement for broker services on which the lien is based or a copy of the written contract or agreement;   The date when the written agreement for broker services was made;   A description of the services performed;   The amount due and unpaid;   A description of the property that is subject to the lien; and   Any other facts necessary for a full understanding of the rights of the parties.     The plaintiff shall file the action against all parties that have an interest of record in the commercial real estate; provided that a lender shall not be made a party to any suit to enforce a lien under this article unless the lender has willfully caused the nonpayment of the compensation giving rise to the lien. A foreclosure action for a lien claimed under this article shall be brought under the provisions of this section.   Upon filing a complaint, the plaintiff shall file with the chancery clerk of each county where the commercial real estate, or any part thereof, is situated a lis pendens notice in accordance with Section 11-47-3.
MS Code § 85-7-517 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 23 - Commercial Real Estate Broker Lien Act|§ 85-7-517. When lien claim release or satisfaction to be filed; extinguishment on certain conditions

 If a notice of lien has been filed with the chancery clerk and the claim has been paid in full or in part, or if a condition occurs that would preclude the lien claimant from receiving compensation, in whole or in part, under the terms of the written agreement for broker services on which the lien is based, the lien claimant shall promptly, and in no event more than thirty (30) days after a properly served written demand of the owner, lienee, or other authorized agent, file with the chancery clerk and serve upon the owner(s) of record a written release, partial release or satisfaction of the lien. If a lien claimant fails to file a suit to enforce the lien within the time prescribed by this article or fails to file an answer in a pending suit to enforce a lien within thirty (30) days after a properly served written demand of the owner, lienee, or other authorized agent, the lien shall be extinguished. Service of the demand shall be by registered or certified mail, return receipt requested, or by personal service under the Mississippi Rules of Civil Procedure, as amended from time to time. The claimant shall promptly file proof of properly served written demand with the chancery clerk. The provisions of this section shall not extend to any other deadline provided by law for the filing of any pleadings or for the foreclosure of any lien governed by this article.
MS Code § 85-7-519 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 23 - Commercial Real Estate Broker Lien Act|§ 85-7-519. Cost of proceeding to be paid by nonprevailing party

 The costs of any proceeding brought to enforce a lien filed under this article, including reasonable attorneys' fees and prejudgment interest due to the prevailing party, shall be paid by the nonprevailing party or parties. If more than one (1) party is responsible for costs, fees and prejudgment interest, the costs, fees and prejudgment interest shall be equitably apportioned by the court among the responsible parties.
MS Code § 85-7-521 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 23 - Commercial Real Estate Broker Lien Act|§ 85-7-521. Discharge of lien

 Unless an alternative procedure is available and is acceptable to the transferee in a real estate transaction, any claim of lien on commercial real estate filed under this article may be discharged by any of the following methods:   The lien claimant of record, the claimant's lawful agent, or the claimant's duly authorized attorney-in-fact, in the presence of the chancery clerk or a notary public, may acknowledge in writing the satisfaction of the claim of lien on the commercial real estate indebtedness and file the same with the chancery clerk, after which the chancery clerk shall enter on the record of the claim of lien on the commercial real estate the acknowledgment of satisfaction.   The owner may exhibit an instrument of satisfaction signed and acknowledged by the lien claimant of record in the presence of the chancery clerk or a notary public, which instrument states that the claim of lien on the commercial real estate indebtedness has been paid or satisfied, after which the chancery clerk shall cancel the claim of lien on the commercial real estate by entry of satisfaction on the record of the claim of lien on the commercial real estate.   By failure to enforce the claim of lien on the commercial real estate within the time prescribed by this article.   By filing in the office of the chancery clerk the original or attested copy of a judgment or decree of a court of competent jurisdiction showing that the action by the claimant to enforce the claim of lien on the commercial real estate has been dismissed or finally determined adversely to the claimant.   Whenever funds in an amount equal to one hundred twenty-five percent (125%) of the amount of the claim of lien on the commercial real estate are deposited with the chancery clerk to be applied to any payment finally determined to be due, after which the chancery clerk shall cancel the claim of lien on the commercial real estate. Thereafter, the lien of the claimant shall remain in place and be fully enforceable as to the funds deposited with the chancery clerk, but the lien upon the commercial real property shall be deemed released.   Whenever a corporate surety bond, in an amount equal to one hundred twenty-five percent (125%) of the amount of the claim of lien on the commercial real estate and conditioned upon the payment of the amount finally determined to be due in satisfaction of the claim of lien on the commercial real estate is deposited with the chancery clerk, after which the chancery clerk shall cancel the claim of lien on the commercial real estate. Thereafter, the lien of the claimant shall remain in place and be fully enforceable as to the funds deposited with the chancery clerk, but the lien upon the commercial real property shall be deemed released.   By failure to file a written release or satisfaction of a lien when required by this article or to timely file or take other action required by this article.
MS Code § 85-7-523 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 23 - Commercial Real Estate Broker Lien Act|§ 85-7-523. Remedy for lien wrongly filed

 Any broker who falsely and maliciously files or causes to be filed a notice of lien under this article that brings in question or disparages the title to property may be held liable in a civil action for damages, in which case damages shall be recoverable up to two (2) times the amount of monetary damages caused by the broker's false and malicious acts, in addition to any other damages.
MS Code § 85-7-525 (2020)
2020 Mississippi Code|Title 85 - Debtor-Creditor Relationship|Chapter 7 - Liens|Article 23 - Commercial Real Estate Broker Lien Act|§ 85-7-525. Priority of deeds of trust or mortgages, tax liens and other liens

 All deeds of trust or mortgages, all purchase money mortgages and all liens for ad valorem taxes, regardless of when recorded, and all other liens afforded priority by law or recorded before the recording of the broker's lien provided by this article shall have priority over the broker's lien.
MS Code § 87-3-1 (2020)
2020 Mississippi Code|Title 87 - Contracts and Contractual Relations|Chapter 3 - Power and Letters of Attorney|In General|§ 87-3-1. Letters may be acknowledged and recorded

 All letters of attorney intended to be used in this state may be acknowledged or proved as conveyances of land are required to be, and, when so acknowledged or proved, may be recorded in like manner; and copies thereof, duly certified, shall be admitted in evidence, without accounting for the nonproduction of the original.
MS Code § 87-3-3 (2020)
2020 Mississippi Code|Title 87 - Contracts and Contractual Relations|Chapter 3 - Power and Letters of Attorney|In General|§ 87-3-3. Conveyances by attorney in fact

 Conveyances of land, or contracts relating thereto, executed by an attorney in fact for his principal, and duly acknowledged or proved, shall have the same force and effect as if executed and acknowledged by the principal; and where a conveyance by an attorney is in execution of letters of attorney, so acknowledged or proved and recorded, it shall pass the interest of the principal though not formally executed in his name.
MS Code § 87-3-5 (2020)
2020 Mississippi Code|Title 87 - Contracts and Contractual Relations|Chapter 3 - Power and Letters of Attorney|In General|§ 87-3-5. When process may be executed on attorney

 When a person interested in the administration of an estate in any court in this state, shall appoint an attorney in fact, resident in the county where the court is held, to represent him therein, and shall cause the letter of appointment to be filed in the office of the clerk of the court in which the estate is administered, where it shall have the same effect as a demand for notice of an order or filing concerning the decedent's estate, all process issued from the court touching the estate may be executed on such attorney, and, when so executed, shall have the same force and effect as if executed on the principal in person.
MS Code § 87-3-7 (2020)
2020 Mississippi Code|Title 87 - Contracts and Contractual Relations|Chapter 3 - Power and Letters of Attorney|In General|§ 87-3-7. Special form not required; gifts given under a power of attorney

  A letter of attorney to transact any business need only express plainly the authority conferred.   If any power of attorney or other writing (a) authorizes an attorney-in-fact or other agent to do, execute or perform any act that the principal might or could do, or (b) evidences the principal's intent to give the attorney-in-fact or agent full power to handle the principal's affairs or deal with the principal's property, the attorney-in-fact or agent shall have the power and authority to make gifts in any amount of any of the principal's property to any individuals or to any organizations described in Sections 170(c) and 2522(a) of the Internal Revenue Code or corresponding future provisions of federal tax law, or both, in accordance with the principal's personal history of making or joining in the making of lifetime gifts, including the authority to exercise all rights and powers granted to a fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Act created under Chapter 23, Title 91.   Subsection (2) as set forth above is declaratory of past and present law in the State of Mississippi, and shall be applied to all powers of attorney, whether executed before, on or after March 16, 1999.
MS Code § 87-3-9 (2020)
2020 Mississippi Code|Title 87 - Contracts and Contractual Relations|Chapter 3 - Power and Letters of Attorney|In General|§ 87-3-9. Form of letter of attorney to convey land

 "Know all, that I, George Poindexter, of county, Mississippi, do hereby appoint Albert Brown, of county, my attorney in fact, with full power to sell and convey in fee simple, with general warranty [or without warranty, as the case may be] of title, that land situated in [describe it]. "Witness my signature, the of , A. D. . "George Poindexter."   Click to view
MS Code § 87-3-11 (2020)
2020 Mississippi Code|Title 87 - Contracts and Contractual Relations|Chapter 3 - Power and Letters of Attorney|In General|§ 87-3-11. Form to represent party in administration of estate

 "Know all, that I, C. C. Claiborne, of county, Mississippi, do hereby constitute Gerard C. Brandon, of county, in said state, my attorney in fact to represent me in the chancery court of said county of , in all matters pertaining to the administration in said court of the estate of Phoebe Jones, in which I am interested as an heir and distributee; and I consent that all process issued from said court touching said estate may be executed on my said attorney. "Witness my signature, the day of , A.D. . "C. C. Claiborne."   Click to view
MS Code § 87-3-15 (2020)
2020 Mississippi Code|Title 87 - Contracts and Contractual Relations|Chapter 3 - Power and Letters of Attorney|In General|§ 87-3-15. Death not an absolute revocation

 The death of the principal shall not operate a revocation of an agency created by him, other than by writing, as to one who, without notice of such death, in good faith and under circumstances repelling the imputation to him of fraud or negligence, deals with such agent.
MS Code § 87-3-17 (2020)
2020 Mississippi Code|Title 87 - Contracts and Contractual Relations|Chapter 3 - Power and Letters of Attorney|In General|§ 87-3-17. Revocation of letters of attorney recordable

 Any writing revoking letters of attorney may, when acknowledged or proved as conveyances of land are required to be acknowledged or proved, be recorded in like manner, and with like effect from the time of being filed for record, in the office in which the letters revoked were recorded.
MS Code § 87-3-101 (2020)
2020 Mississippi Code|Title 87 - Contracts and Contractual Relations|Chapter 3 - Power and Letters of Attorney|Uniform Durable Power of Attorney Act|§ 87-3-101. Short title

 Sections 87-3-101 through 87-3-113 may be cited as the "Uniform Durable Power of Attorney Act."
MS Code § 87-3-103 (2020)
2020 Mississippi Code|Title 87 - Contracts and Contractual Relations|Chapter 3 - Power and Letters of Attorney|Uniform Durable Power of Attorney Act|§ 87-3-103. Application and construction of sections 87-3-101 through 87-3-113

 Sections 87-3-101 through 87-3-113 shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of these sections among states enacting the Uniform Durable Power of Attorney Act.
MS Code § 87-3-105 (2020)
2020 Mississippi Code|Title 87 - Contracts and Contractual Relations|Chapter 3 - Power and Letters of Attorney|Uniform Durable Power of Attorney Act|§ 87-3-105. Definition

 A durable power of attorney is a power of attorney by which a principal designates another his attorney in fact in writing and the writing contains the words "This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time," or "This power of attorney shall become effective upon the disability or incapacity of the principal," or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent disability or incapacity, and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.
MS Code § 87-3-107 (2020)
2020 Mississippi Code|Title 87 - Contracts and Contractual Relations|Chapter 3 - Power and Letters of Attorney|Uniform Durable Power of Attorney Act|§ 87-3-107. Durable power of attorney not affected by lapse of time, disability or incapacity

 All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and his successors in interest as if the principal were competent and not disabled. Unless the instrument states a time of termination, the power is exercisable notwithstanding the lapse of time since the execution of the instrument.
MS Code § 87-3-109 (2020)
2020 Mississippi Code|Title 87 - Contracts and Contractual Relations|Chapter 3 - Power and Letters of Attorney|Uniform Durable Power of Attorney Act|§ 87-3-109. Relation of attorney in fact to court-appointed fiduciary

  If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, guardian of the estate, or other fiduciary charged with the management of all of the principal's property or all of his property except specified exclusions, the attorney in fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if he were not disabled or incapacitated.   A principal may nominate, by a durable power of attorney, the conservator, guardian of his estate, or guardian of his person for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification.   Any person acting in a fiduciary capacity shall exercise all rights and powers granted to a fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Act created under Chapter 23, Title 91.
MS Code § 87-3-111 (2020)
2020 Mississippi Code|Title 87 - Contracts and Contractual Relations|Chapter 3 - Power and Letters of Attorney|Uniform Durable Power of Attorney Act|§ 87-3-111. Power of attorney not revoked until notice

  The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds successors in interest of the principal.   The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and his successors in interest.
MS Code § 87-3-113 (2020)
2020 Mississippi Code|Title 87 - Contracts and Contractual Relations|Chapter 3 - Power and Letters of Attorney|Uniform Durable Power of Attorney Act|§ 87-3-113. Proof of continuance of durable and other powers of attorney by affidavit

 As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under a power of attorney, durable or otherwise, stating that he did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation or of the principal's death, disability, or incapacity is conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable. This section does not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal's capacity.
MS Code § 89-1-1 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-1. Land conveyed to vest immediately or in future

 Any interest in or claim to land may be conveyed to vest immediately or in the future, by writing signed and delivered; and such writing shall have the effect to transfer, according to its terms, the title of the person signing and delivering it, with all its incidents, as fully and perfectly as if it were transferred by feoffment with livery of seizin, notwithstanding there may be an adverse possession thereof.
MS Code § 89-1-3 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-3. Land to be conveyed only by writing

 An estate of inheritance or freehold, or for a term of more than one (1) year, in lands shall not be conveyed from one to another unless the conveyance be declared by writing signed and delivered.
MS Code § 89-1-5 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-5. Words of inheritance not necessary

 Every estate in lands granted, conveyed, or devised, although the words deemed necessary by the common law to transfer an estate of inheritance be not added, shall be deemed a fee-simple if a less estate be not limited by express words, or unless it clearly appear from the conveyance or will that a less estate was intended to be passed thereby.