Title 89, Real and Personal Property

Except as provided in Section 89-5-37, all assignments in whole or in part of any indebtedness secured by mortgage, deed of trust, or other lien of record, shall be entered on the margin of the record of the lien or said assignment shall be acknowledged and filed for record, and …

Where the remedy to enforce any mortgage, deed of trust, or other lien on real or personal property which is recorded, appears on the face of the record to be barred by the statute of limitations (which, as to a series of notes or a note payable in installments, shall begin to ru…

(1) Except as otherwise provided in subsections (3), (4) and (5), any mortgagee or cestui que trust, or assignee of any mortgagee or cestui que trust, of real or personal estate, having received full payment of the money due by the mortgage or deed of trust, shall enter satisfact…

(1) Whenever any oil, gas and mineral lease which is now or may hereafter be recorded in any county of this state shall expire or terminate, the holder of such oil, gas and mineral lease, or the last assignee of record thereof, as the case may be, shall be required to cancel of r…

(1) Except as otherwise provided in subsections (3) and (4), any document or instrument presented to the clerk of the chancery court for recording shall meet the following requirements:(a) Each document or instrument shall consist of one or more individual pages printed only on o…

(1) It shall be the duty of the clerk of the chancery court to whom any written instrument is delivered to be recorded, and which is properly recordable in his county, to record the same without delay, together with the acknowledgments of proofs and the certificates thereof, and …

The clerk of the chancery court, or his deputy, shall give a receipt for every written instrument delivered to him to be recorded, if demanded, in which he shall state the name of the parties, the date of delivery and quantity of land or other property therein specified, and shal…

Except as hereinafter provided, all mortgages and deeds of trust upon land given to secure the payment of money, and all instruments of writing whereby a trustee is substituted under any such deed of trust, and all instruments of writing canceling or satisfying, or authorizing th…

Except as provided by Sections 89-5-101 through 89-5-113, all bargains and sales, and all other conveyances whatsoever of lands, whether made for passing an estate of freehold or inheritance, or for a term of years; and all instruments of settlement upon marriage wherein land, mo…

(1) The clerk of the chancery court shall provide a general index, direct and reverse, on which shall be entered, in regular alphabetical order under the appropriate letter, the name of each maker of the instrument and the name of each person to whom made; and in like alphabetica…

Every conveyance by a sheriff, constable, marshal, master, commissioner, executor, administrator, guardian, trustee, or other person, in an official or representative character, shall be indexed by the clerk in proper alphabetical order as the conveyance of each person who execut…

The clerk of the chancery court, or his deputy, shall not record any mortgage or deed of trust in which the name of the beneficiary is not disclosed therein, and if such instrument is recorded it shall not impart notice to anyone. But the preceding sentence shall not apply if the…

A book of record of conveyances shall not be removed by writ or subpoena duces tecum, or otherwise, before any court, out of the courthouse in which such record is kept, when a certified copy or transcript may be given in evidence.

Where it is not now so provided by law, in any county divided into two (2) districts for circuit and chancery courts, the board of supervisors may, by an order entered on its minutes, to go into effect six (6) weeks thereafter, require the clerk of the chancery court to transcrib…

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

Sales of land made under deeds of trust by substituted trustees shall not convey the interest of the grantor or grantors therein, but shall be absolutely null and void, both at law and in equity, unless the substitution shall appear of record in the office of the chancery clerk o…

Every conveyance, covenant, agreement, bond, mortgage, and deed of trust shall take effect, as to all creditors and subsequent purchasers for a valuable consideration without notice, only from the time when delivered to the clerk to be recorded; and no conveyance, covenant, agree…

Every title-bond or other written contract in relation to land may be acknowledged or proved, and certified and recorded, in the same manner as conveyances of land; and such acknowledgment or proof, and the proper certificate thereof and delivery to the clerk of the chancery cour…

(1) Any affidavit containing a statement relating to the identification, the marital status, the heirship, the relation, the death or the time of death of any person who is a party to a document affecting the title to real property, or any affidavit relating to the identification…

A copy of the record of any instrument of writing affecting property in this state, and which has been legally recorded in any other state of the United States, or in a foreign country, when certified by the clerk or other officer in whose custody the record is, under his seal of…

This article may be cited as the Uniform Real Property Electronic Recording Act.

(1) In this article:(1) “Document” means information that is:(a) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and(b) Eligible to be recorded in the land records maintained by the chancery clerk.(2) “Elec…

(a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this article. (b) If a law requires, as a condition for recording, that…

(a) In this section, “paper document” means a document that is received by the chancery clerk in a form that is not electronic. (b) A chancery clerk:(1) Who implements any of the functions listed in this section shall do so in compliance with standards established by the commissi…

(a) The Mississippi Electronic Recording Commission consisting of eleven (11) members is created to adopt standards to implement this article. The membership of the commission shall comprise the following:(1) A person appointed by the Governor;(2) A person appointed by the Lieute…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 USCS Section 7001, et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 USCS Section 7001(c)) or authorize electronic delivery of an…