reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 21 - SPECIAL LIENS ON REAL ESTATE OR OTHER PROPERTY (§§ 85-7-401 — 85-7-433) › Section 85-7-401 - Definitions

The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:
(a)
"Business day" means any day that is not a Saturday, Sunday, or legal holiday.
(b)
"Contractor" means a contractor having privity of contract with the owner or lessee of the real estate.
(c)
"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
.
(d)
"Payment action" means a lawsuit, proof of claim in a bankruptcy case, or a binding arbitration.
(e)
"Professional surveyor" has the meaning given in Section
73-13-71
.
(f)
"Materials" means materials, tools, appliances, machinery, or equipment used in making improvements to the real estate.
(g)
"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.
(h)
"Professional engineer" has the meaning given in Section
73-13-3
.
(i)
"Residential property" means single-family and two-family, three-family, and four-family residential real estate.
(j)
"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:
(i)
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
(ii)
Receives a receipt acknowledging receipt of the document signed by addressee or an agent of the addressee.
(k)
"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.
(l)
"Registered architect" has the meaning given in Section
73-1-3
.
(m)
"Design professional" includes professional surveyors, professional engineers and registered architects.
Added by Laws, 2014, ch. 487, SB 2622, 1, eff. 4/11/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 21 - SPECIAL LIENS ON REAL ESTATE OR OTHER PROPERTY (§§ 85-7-401 — 85-7-433) › Section 85-7-403 - Special lien on real estate or other property for labor, services or materials furnished

(1)
The following persons shall each have a special lien on the real estate or other property for which they furnish labor, services or materials:
(a)
All contractors, all subcontractors and all materialmen furnishing material for the improvement of real estate;
(b)
All registered architects or professional engineers furnishing plans, drawings, designs, or other architectural or engineering services on or with respect to any real estate;
(c)
All registered land surveyors performing or furnishing services on or with respect to any real estate.
(2)
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.
(3)
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)
.
(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.
(5)
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.
Added by Laws, 2014, ch. 487, SB 2622, 2, eff. 4/11/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 21 - SPECIAL LIENS ON REAL ESTATE OR OTHER PROPERTY (§§ 85-7-401 — 85-7-433) › Section 85-7-409 - Limitation of recovery of subcontractors against single-family residential homeowner

(1)
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.
(2)
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.
(3)
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)
.
Added by Laws, 2014, ch. 487, SB 2622, 5, eff. 4/11/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 21 - SPECIAL LIENS ON REAL ESTATE OR OTHER PROPERTY (§§ 85-7-401 — 85-7-433) › Section 85-7-411 - Attachment of liens to buildings or improvements on leased property

(1)
(a)
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.
(b)
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.
(c)
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.
(2)
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.
(3)
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.
Added by Laws, 2014, ch. 487, SB 2622, 6, eff. 4/11/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 21 - SPECIAL LIENS ON REAL ESTATE OR OTHER PROPERTY (§§ 85-7-401 — 85-7-433) › Section 85-7-413 - Dissolution of special liens

(1)
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:
(a)
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
(b)
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 this 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.
(2)
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)
.
Added by Laws, 2014, ch. 487, SB 2622, 7, eff. 4/11/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 21 - SPECIAL LIENS ON REAL ESTATE OR OTHER PROPERTY (§§ 85-7-401 — 85-7-433) › Section 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.
Added by Laws, 2014, ch. 487, SB 2622, 9, eff. 4/11/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 21 - SPECIAL LIENS ON REAL ESTATE OR OTHER PROPERTY (§§ 85-7-401 — 85-7-433) › Section 85-7-421 - Expiration of claim of lien if payment action not timely filed; filing cancellation of fully satisfied lien

(1)
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
.
(2)
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.
(3)
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.
Added by Laws, 2014, ch. 487, SB 2622, 11, eff. 4/11/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 21 - SPECIAL LIENS ON REAL ESTATE OR OTHER PROPERTY (§§ 85-7-401 — 85-7-433) › Section 85-7-423 - Shortening the time prescribed in which to file payment action

(1)
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.
(2)
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.
(3)
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.
Added by Laws, 2014, ch. 487, SB 2622, 12, eff. 4/11/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 21 - SPECIAL LIENS ON REAL ESTATE OR OTHER PROPERTY (§§ 85-7-401 — 85-7-433) › Section 85-7-425 - Computation of time

The computation of time under this article shall be determined pursuant to Section
1-3-67
.
Added by Laws, 2014, ch. 487, SB 2622, 13, eff. 4/11/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 21 - SPECIAL LIENS ON REAL ESTATE OR OTHER PROPERTY (§§ 85-7-401 — 85-7-433) › Section 85-7-427 - Enforcement of judgments by special writ of execution

(1)
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
.
(2)
The delivery of possession by the person claiming the lien shall not affect his lien.
Added by Laws, 2014, ch. 487, SB 2622, 14, eff. 4/11/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 21 - SPECIAL LIENS ON REAL ESTATE OR OTHER PROPERTY (§§ 85-7-401 — 85-7-433) › Section 85-7-429 - Liability for falsely and knowingly filing claim of lien without just cause

(1)
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.
(2)
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.
Added by Laws, 2014, ch. 487, SB 2622, 15, eff. 4/11/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 21 - SPECIAL LIENS ON REAL ESTATE OR OTHER PROPERTY (§§ 85-7-401 — 85-7-433) › Section 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.
Amended by Laws, 2019, ch. 346, HB 869,§ 2, eff. 7/1/2019.
Added by Laws, 2014, ch. 487, SB 2622, 16, eff. 4/11/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 23 - COMMERCIAL REAL ESTATE BROKER LIEN ACT (§§ 85-7-501 — 85-7-527) › Section 85-7-501 - Short title

This article shall be known and may be cited as the "Commercial Real Estate Broker Lien Act."
Reenacted by Laws, 2017, ch. 348, SB 2425, 1, eff. 7/1/2017.
Added by Laws, 2014, ch. 522, SB 2559, 1, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 23 - COMMERCIAL REAL ESTATE BROKER LIEN ACT (§§ 85-7-501 — 85-7-527) › Section 85-7-503 - Definitions

As used in this article, the following terms have the following meanings:
(a)
"Broker" means a real estate broker licensed pursuant to Section
73-35-3(1)
.
(b)
"Broker services" means services for which a license issued by the Mississippi Real Estate Commission is required under Section
73-35-1
et seq.
(c)
"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:
(i)
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
(ii)
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
(iii)
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.
(d)
"Compensation" means any compensation that is due a broker for performance of broker services.
(e)
"Lien claimant" means a broker claiming a lien under this article.
(f)
"Owner" means the owner of record of any interest in commercial real estate.
Reenacted by Laws, 2017, ch. 348, SB 2425, 2, eff. 7/1/2017.
Amended by Laws, 2015, ch. 327, HB 405, 1, eff. 3/13/2015.
Added by Laws, 2014, ch. 522, SB 2559, 2, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 23 - COMMERCIAL REAL ESTATE BROKER LIEN ACT (§§ 85-7-501 — 85-7-527) › Section 85-7-505 - Commercial real estate lien

(1)
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:
(a)
The broker has performed under the provisions of the agreement;
(b)
The written agreement for broker services clearly sets forth the broker's duties to the owner; and
(c)
The written agreement for broker services sets forth the conditions upon which the compensation shall be earned and the amount of the compensation.
(2)
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.
(3)
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.
Reenacted by Laws, 2017, ch. 348, SB 2425, 3, eff. 7/1/2017.
Added by Laws, 2014, ch. 522, § 3, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 23 - COMMERCIAL REAL ESTATE BROKER LIEN ACT (§§ 85-7-501 — 85-7-527) › Section 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.
Reenacted by Laws, 2017, ch. 348, SB 2425, 4, eff. 7/1/2017.
Added by Laws, 2014, ch. 522, SB 2559, 4, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 23 - COMMERCIAL REAL ESTATE BROKER LIEN ACT (§§ 85-7-501 — 85-7-527) › Section 85-7-509 - Lien notice, content

(1)
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.
(2)
The lien notice shall include all of the following information:
(a)
The name of the lien claimant;
(b)
The name of the owner;
(c)
A description of the commercial real estate upon which the lien is being claimed;
(d)
The amount for which the lien is claimed and whether the amount is due in installments; and
(e)
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.
(3)
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
.
Reenacted by Laws, 2017, ch. 348, SB 2425, 5, eff. 7/1/2017.
Added by Laws, 2014, ch. 522, SB 2559, 5, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 23 - COMMERCIAL REAL ESTATE BROKER LIEN ACT (§§ 85-7-501 — 85-7-527) › Section 85-7-511 - Lien claimant to mail copy of notice of lien to owner (s)

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.
Reenacted by Laws, 2017, ch. 348, SB 2425, 6, eff. 7/1/2017.
Added by Laws, 2014, ch. 522, § 6, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 23 - COMMERCIAL REAL ESTATE BROKER LIEN ACT (§§ 85-7-501 — 85-7-527) › Section 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.
Reenacted by Laws, 2017, ch. 348, SB 2425, 7, eff. 7/1/2017.
Added by Laws, 2014, ch. 522, SB 2559, 7, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 23 - COMMERCIAL REAL ESTATE BROKER LIEN ACT (§§ 85-7-501 — 85-7-527) › Section 85-7-515 - Complaint; content; parties' foreclosure action; procedure

(1)
A complaint filed under the provisions of this article shall contain all of the following:
(a)
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;
(b)
The date when the written agreement for broker services was made;
(c)
A description of the services performed;
(d)
The amount due and unpaid;
(e)
A description of the property that is subject to the lien; and
(f)
Any other facts necessary for a full understanding of the rights of the parties.
(2)
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.
(3)
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
.
Reenacted by Laws, 2017, ch. 348, SB 2425, 8, eff. 7/1/2017.
Added by Laws, 2014, ch. 522, SB 2559, 8, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 23 - COMMERCIAL REAL ESTATE BROKER LIEN ACT (§§ 85-7-501 — 85-7-527) › Section 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.
Reenacted by Laws, 2017, ch. 348, SB 2425, 9, eff. 7/1/2017.
Added by Laws, 2014, ch. 522, SB 2559, 9, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 23 - COMMERCIAL REAL ESTATE BROKER LIEN ACT (§§ 85-7-501 — 85-7-527) › Section 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.
Reenacted by Laws, 2017, ch. 348, SB 2425, 10, eff. 7/1/2017.
Added by Laws, 2014, ch. 522, SB 2559, 10, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 23 - COMMERCIAL REAL ESTATE BROKER LIEN ACT (§§ 85-7-501 — 85-7-527) › Section 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.
Reenacted by Laws, 2017, ch. 348, SB 2425, 12, eff. 7/1/2017.
Added by Laws, 2014, ch. 522, § 12, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 23 - COMMERCIAL REAL ESTATE BROKER LIEN ACT (§§ 85-7-501 — 85-7-527) › Section 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.
Reenacted by Laws, 2017, ch. 348, SB 2425, 13, eff. 7/1/2017.
Added by Laws, 2014, ch. 522, SB 2559, 13, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 23 - COMMERCIAL REAL ESTATE BROKER LIEN ACT (§§ 85-7-501 — 85-7-527) › Section 85-7-527 - [Repealed]

Repealed by Laws, 2017, ch. 348, SB 2425, 14, eff. 7/1/2017.
Added by Laws, 2014, ch. 522, § 14, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 8 - UNIFORM FEDERAL LIEN REGISTRATION ACT (§§ 85-8-1 — 85-8-15) › Section 85-8-1 - Short title

This chapter may be cited as the Uniform Federal Lien Registration Act.
Laws, 1989, ch. 515, § 1, eff. 1/1/1990.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 8 - UNIFORM FEDERAL LIEN REGISTRATION ACT (§§ 85-8-1 — 85-8-15) › Section 85-8-3 - Application; exception

This chapter applies only to federal tax liens and to other federal liens notices and to other federal liens notices of which under any Act of Congress or any regulation adopted pursuant thereto are required or permitted to be filed in the same manner as notices of federal tax liens. This chapter shall not apply to security interests governed by the provisions of the Uniform Commercial Code-Secured Transactions.
Laws, 1989, ch. 515, § 2, eff. 1/1/1990.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 8 - UNIFORM FEDERAL LIEN REGISTRATION ACT (§§ 85-8-1 — 85-8-15) › Section 85-8-5 - Notice of lien; filing

(1)
Notices of liens, certificates and other notices affecting federal tax liens or other federal liens must be filed in accordance with this chapter.
(2)
Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the chancery clerk of the county in which the real property subject to a federal lien is situated.
(3)
Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates of notices affecting the liens shall be filed as follows:
(a)
If the person against whose interest the lien applies is a corporation or a partnership whose principal executive office is in the state, as these entities are defined in the Internal Revenue laws of the United States, in the office of the Secretary of State.
(b)
If the person against whose interest the lien applies is a trust that is not covered by paragraph (a) of this subsection, in the office of the Secretary of State.
(c)
If the person against whose interest the lien applies is the estate of a decedent, in the office of the Secretary of State.
(d)
In all other cases in the office of the chancery clerk of the county where the owner resides at the time of filing of the notice of lien.
Laws, 1989, ch. 515, § 3, eff. 1/1/1990.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 8 - UNIFORM FEDERAL LIEN REGISTRATION ACT (§§ 85-8-1 — 85-8-15) › Section 85-8-7 - Certification of notice of lien

Certification of notices of liens, certificates or other notices affecting federal liens by the Secretary of the Treasury of the United States or his delegate or by any official or entity of the United States responsible for filing or certify notice of any other lien, entitles them to be filed and no other attestation, certification or acknowledgment is necessary.
Laws, 1989, ch. 515, § 4, eff. 1/1/1990.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 8 - UNIFORM FEDERAL LIEN REGISTRATION ACT (§§ 85-8-1 — 85-8-15) › Section 85-8-9 - Filing notice; duties and responsibilities

(1)
If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection (2) of this section is presented to the filing officer who is:
(a)
The Secretary of State, he shall cause the notice to be marked, held and indexed in accordance with the provisions of Section
75-9-519
, Mississippi Code of 1972, of the Uniform Commercial Code as if the notice were a financing statement within the meaning of that code; or
(b)
Chancery clerk, he shall endorse thereon his identification and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date and time of receipt, the title and address of the official party certifying the lien, and the total amount appearing on the notice of lien.
(2)
If a certificate of release, nonattachment, discharge or subordination of any lien is presented to the Secretary of State for filing he shall:
(a)
Cause a certificate of release or nonattachment to be marked, held and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, but the notice of lien to which the certificate relates may not be removed from the files; and
(b)
Cause a certificate of discharge or subordination to be held, marked and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code.
(3)
If a refiled notice of federal lien referred to in subsection (1) of this section or any of the certificates or notices referred to in subsection (2) of this section is presented for filing with the chancery clerk, he shall permanently attach the refiled notice or the certificate to the original notice of lien and enter the refiled notice of the certificate with the date of filing in any alphabetical lien index on the line where the original notice of lien is entered.
(4)
Upon request of any person, the filing officer shall issue his certificate showing whether there is on file, on the date and hour stated therein, any notice of lien or certificate or notice affecting any lien, filed under this chapter, naming a particular person, and if a notice or certificate is on file, giving the date and hour of its filing. The fee for a certificate is Five Dollars ($5.00). Upon request the filing officer shall furnish a copy of any notice of federal lien or notice or certificate affecting a federal lien for a fee of Two Dollars ($2.00) per page.
Laws, 1989, ch. 515, § 5; Laws, 1990, ch. 373, § 1; Laws, 2001, ch. 495, § 31, eff. 1/1/2002.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 8 - UNIFORM FEDERAL LIEN REGISTRATION ACT (§§ 85-8-1 — 85-8-15) › Section 85-8-11 - Duties of chancery clerk

Chancery clerks with whom notices of federal liens, certificates and notices affecting such liens have been filed prior to January 1, 1990, shall, after that date, continue to maintain records containing such notices and certificates filed prior to January 1, 1990.
Laws, 1989, ch. 515, § 6; Laws, 1990, ch. 373, § 2, eff. 3/13/1990.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 8 - UNIFORM FEDERAL LIEN REGISTRATION ACT (§§ 85-8-1 — 85-8-15) › Section 85-8-13 - Fees

(1)
The fee for filing and indexing each notice of lien or certificate or notice affecting the lien in the Office of the Secretary of State is:
(a)
For a lien on real estate .................... $ 5.00
(b)
For a lien on personal property .................... $ 5.00
(c)
For a certificate of discharge or subordination .................... $ 5.00
(d)
For all other notices, including a certificate of release or nonattachment .................... $ 5.00
(2)
The fee for filing and indexing each notice of lien or certificate or notice affecting the lien in the office of the chancery clerk is:
(a)
For a lien on real estate .................... $ 10.00
(b)
For a lien on personal property .................... $ 10.00
(c)
For a certificate of discharge or subordination .................... $ 10.00
(d)
For all other notices, including a certificate of release or nonattachment .................... $ 10.00
(3)
The appropriate officer shall bill the district directors of Internal Revenue or other appropriate federal officials on a monthly basis for fees for documents filed by them.
Laws, 1989, ch. 515, § 7; Laws, 2007, ch. 333, § 1, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 8 - UNIFORM FEDERAL LIEN REGISTRATION ACT (§§ 85-8-1 — 85-8-15) › Section 85-8-15 - Interpretation and construction of Chapter

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Laws, 1989, ch. 515, § 8, eff. 1/1/1990.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 9 - DEBT ADJUSTING OR CREDIT ARRANGING [Repealed] (§ 85-9-1) › Section 85-9-1 - through 85-9-5 - [Repealed]

Repealed by Laws, 2003, ch. 465, § 17, eff. 7/1/2003.
§ 85-9-1. [Codes, 1942, § 306-01; Laws, 1971, ch. 302, § 1, eff. 7/1/1971.] § 85-9-3. [Codes, 1942, § 306-02; Laws, 1971, ch. 302, § 2, eff. 7/1/1971.] § 85-9-5. [Codes, 1942, § 306-03; Laws, 1971, ch. 302, § 3; Laws, 1989, ch. 450, § 1; Laws, 1991, ch. 507, § 1, eff. 4/5/1991.]
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 11 - MISSISSIPPI UNIFORM STATE TAX LIEN REGISTRATION ACT (§§ 85-11-1 — 85-11-23) › Section 85-11-1 - Short title

This chapter may be cited as the Mississippi Uniform State Tax Lien Registration Act.
Added by Laws, 2014, ch. 412, HB 487, 1, eff. 1/1/2015.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 11 - MISSISSIPPI UNIFORM STATE TAX LIEN REGISTRATION ACT (§§ 85-11-1 — 85-11-23) › Section 85-11-3 - Purpose and scope of chapter

(1)
The purpose of this chapter is to provide a uniform statewide system for filing notices of tax liens to be maintained by the Department of Revenue that are in favor of or enforced by the Mississippi Department of Revenue.
(2)
The scope of this chapter is limited to tax liens in real property and personal property, tangible and intangible, of taxpayers or other persons against whom the Mississippi Department of Revenue has liens pursuant to law for unpaid finally determined tax liabilities administered by the Mississippi Department of Revenue.
Added by Laws, 2014, ch. 412, HB 487, 2, eff. 1/1/2015.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 11 - MISSISSIPPI UNIFORM STATE TAX LIEN REGISTRATION ACT (§§ 85-11-1 — 85-11-23) › Section 85-11-5 - Definitions

As used in this chapter:
(a)
"Commissioner" means the Commissioner of Revenue of the Mississippi Department of Revenue.
(b)
"Debtor" and "judgment debtor" means a taxpayer or other person against whom there is an unpaid finally determined tax liability collectible by the Mississippi Department of Revenue.
(c)
"Department" means the Mississippi Department of Revenue.
(d)
"Finally determined tax liabilities" means any state tax, fee, penalty, and/or interest owed by a person to the Mississippi Department of Revenue where the assessment of the liability is not subject to any further timely filed administrative or judicial review.
(e)
"Last-known address of the debtor" means the address of the debtor appearing on the records of the department at the time the notice of tax lien is enrolled in the Uniform State Tax Lien Registry.
(f)
"Person" means an individual, organization or legal entity.
(g)
"Uniform State Tax Lien Registry" or "Tax Lien Registry" means the public database maintained by the department wherein tax liens enrolled in favor of and enforced by the department are filed.
Added by Laws, 2014, ch. 412, HB 487, 3, eff. 1/1/2015.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 11 - MISSISSIPPI UNIFORM STATE TAX LIEN REGISTRATION ACT (§§ 85-11-1 — 85-11-23) › Section 85-11-7 - Notice of tax lien; enrollment in tax lien registry

(1)
If any person refuses to pay any finally determined tax liabilities, the commissioner may enroll in the tax lien registry a notice of tax lien for the finally determined tax liabilities due.
(2)
The notice of tax lien file shall include:
(a)
The name and last-known address of the debtor;
(b)
The name and address of the department;
(c)
The tax lien number assigned to the lien by the department; and
(d)
The basis for the tax lien, including, but not limited to, the amount owed as of the date of enrollment in the tax lien registry.
Added by Laws, 2014, ch. 412, HB 487, 4, eff. 1/1/2015.