Title 89, Real and Personal Property

All alienations and warranties of lands purporting to convey or pass a greater estate than the grantor may lawfully convey or pass, shall operate as alienation or warranties of so much of the right and estate in such lands as the grantor could lawfully convey, but shall not pass …

If any disseizor of lands who has no right or title therein, die seized thereof, his dying seized shall not be such descent in law to the heir of the disseizor as to take away the entry of the person who, at the time of such descent, had lawful right of entry.

All bodies politic and public corporations may convey their lands by and under the corporate seal and the signature of an officer; and such officer signing the same may acknowledge the execution of the deed, or proof thereof may be made as in other cases. Any private corporation …

Resident aliens may acquire and hold land, and may dispose of it and transmit it by descent, as citizens of the state may. Except as otherwise provided in this section and Sections 89-27-5 and 89-27-7, nonresident aliens shall not hereafter acquire or hold land, but a nonresident…

In all cases where a board of trustees of any school district, governing authorities of any municipality or board of supervisors of any county in the State of Mississippi has heretofore attempted to convey or to obtain title to real property or any interest therein and thereafter…

Conveyances by masters, commissioners, sheriffs, and constables for lands sold by virtue of any decree or judgment of any court in this state, shall be good and effectual for passing all the interest the defendant had in the lands to the purchaser thereof, but shall not prejudice…

A conveyance, mortgage, deed of trust or other incumbrance upon a homestead exempted from execution shall not be valid or binding unless signed by the spouse of the owner if the owner is married and living with the spouse or by an attorney in fact for the spouse. But where the sp…

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.

The provisions of Sections 89-1-301 through 89-1-329 shall apply only in the event that the President of the United States has declared that an emergency or major disaster exists in this state and shall apply only to persons or property directly damaged in an enemy attack, or a m…

Suits for the foreclosure of mortgages and deeds of trust shall be deemed ready for final hearing at any time after the expiration of thirty (30) days from the completion of the service of legal process on all parties. On the hearing, the court or chancellor in vacation shall rec…

If the mortgagor or owner of the mortgaged premises, or other interested person for whose relief Sections 89-1-301 through 89-1-329 are enacted, shall make default in the carrying charge payments, or any of them, required in the order mentioned in the foregoing section, or shall …

At any hearing, whether in termtime or in vacation, the chancellor shall have power to refer any issue or issues arising under the proceedings authorized by Sections 89-1-301 through 89-1-329 to a master in chancery or to the local farm debt adjustment committee, or any similar f…

The statutes of limitation which would otherwise apply to any mortgage or mortgage debt, or to any other cause of action under Sections 89-1-301 through 89-1-329, shall cease to run upon the filing of any legal pleadings in the aforesaid court; and the period during which the sam…

The provisions of Sections 89-1-301 through 89-1-329 shall apply to levies and advertisements for sales under executions, including those under deficiency judgments or decrees where the judgment, decree or account sued on existed prior to the date of the disaster declaration by t…

The court shall have jurisdiction to postpone the enforcement of judgment by execution sale or to order resale or give relief where such judgment is rendered in an action to collect a debt or obligation secured by a real estate mortgage, the foreclosure of which might be affected…

In case the parties to any such foreclosure action shall agree in writing upon terms of compromise settlement thereof, or of composition of the mortgage indebtedness, or both, the court shall have jurisdiction and may by its order confirm and approve such settlement or compositio…

In any modification or refinancing of a debt secured by a mortgage or deed of trust on real property subject to Sections 89-1-301 through 89-1-329, the borrower and lender may contract and agree that all or any part of the accrued interest or interest to accrue or earned finance …

Every law and all the provisions thereof now in force insofar as inconsistent with the provisions of Sections 89-1-301 through 89-1-329 are hereby suspended for two (2) years from the date of the disaster declaration by the governor in which he specifically included the relief pr…

The words “mortgagor,” “mortgagee,” “judgment creditor,” “judgment debtor” and “purchaser,” whenever used in Sections 89-1-301 through 89-1-329, shall be construed to include the plural as well as the singular and also to include their personal representatives, successors and ass…

The provisions of Sections 89-1-301 through 89-1-329 shall not apply to any mortgage while such mortgage is held by the United States or agency thereof as security or pledge of the maker, its successors or assigns, nor shall the provisions of Sections 89-1-301 through 89-1-329 ap…

No postponement or extension shall be ordered under conditions which, under the temporary emergency, would substantially diminish or impair the value of the contract or obligation of the person against whom the relief is sought without reasonable allowance to justify the exercise…

The provisions of Sections 89-1-301 through 89-1-329 are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect, impair or abrogate any of the remaining provisions, but the remaini…

Except for the cases pending in court, the relief provided for in Sections 89-1-301 through 89-1-329 shall expire two (2) years from the date of any disaster declaration by the governor in which Sections 89-1-301 through 89-1-329 were specifically included as a relief measure for…

The word “warrant” without restrictive words in a conveyance shall have the effect of embracing all of the five (5) covenants known to common law, to wit: seizin, power to sell, freedom from incumbrance, quiet enjoyment and warranty of title.

The words “warrant specially,” in a conveyance, shall constitute a covenant that the grantor, his heirs and personal representatives, will forever warrant and defend the title of the property unto the grantee and his heirs, representatives, and assigns, against the claims of all …

A conveyance without any warranty shall operate to transfer the title and possession of the grantor as a quitclaim and release.

A conveyance of quitclaim and release shall be sufficient to pass all the estate or interest the grantor has in the land conveyed, and shall estop the grantor and his heirs from asserting a subsequently acquired adverse title to the lands conveyed.

The words “grant, bargain, sell,” shall operate as an express covenant to the grantee, his heirs and assigns, that the grantor was seized of an estate, free from incumbrance made or suffered by the grantor, except the rents and services that may be reserved, and also for quiet en…

Estates of any kind holden or possessed in trust for another, shall be subject to the like debts and charges of the person to whose use or for whose benefit they are holden or possessed as they would have been subject to them if the person had owned the like interest in the thing…

Every mortgage given at the time of the purchase of real estate to secure the payment of the purchase money, whether such mortgage be given to the seller or to a third-party lender, shall be entitled to a preference over all judgments and other debts of the mortgagor, which prefe…

A conveyance or other writing absolute on its face, where the maker parts with the possession of the property conveyed by it, shall not be proved, at the instance of any of the parties, by parol evidence, to be a mortgage only, unless fraud in this procurement be the issue to be …

(1) Except as provided in subsections (2) and (4) of this section, payment of the money secured by any mortgage or deed of trust shall extinguish it, and revest the title in the mortgagor as effectually as if reconveyed. (2) This section shall have no application to security agre…

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 convey…

(1) The provisions of Sections 89-1-501 through 89-1-523 apply only with respect to transfers by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase or ground lease coupled with improvements, of real property on which a d…

(1) The transferor of any real property subject to Sections 89-1-501 through 89-1-523 shall deliver to the prospective transferee the written property condition disclosure statement required by Sections 89-1-501 through 89-1-523, as follows:(a) In the case of a sale, as soon as p…

(1) The transferor shall not be liable for any error, inaccuracy or omission of any information delivered pursuant to Sections 89-1-501 through 89-1-523 if the error, inaccuracy or omission was not within the personal knowledge of the transferor, was based on information timely p…

If information disclosed in accordance with Sections 89-1-501 through 89-1-523 is subsequently rendered inaccurate as a result of any act, occurrence or agreement subsequent to the delivery of the required disclosures, the inaccuracy resulting therefrom does not constitute a viol…

The disclosures required by Sections 89-1-501 through 89-1-523 pertaining to the property proposed to be transferred shall be set forth in, and shall be made on a copy of a disclosure form, the structure and composition of which shall be determined by the Mississippi Real Estate …

The trustee in a deed of trust may acknowledge satisfaction of the deed of trust in like manner as the cestui que trust may, and with like effect, but in such case the trustee shall be liable to the cestui que trust for the amount secured by the deed of trust.

Each disclosure required by Sections 89-1-501 through 89-1-523 and each act which may be performed in making the disclosure, shall be made in good faith. For purposes of Sections 89-1-501 through 89-1-523, “good faith” means honesty in fact in the conduct of the transaction.

The specification of items for disclosure in Sections 89-1-501 through 89-1-523 does not limit or abridge any obligation for disclosure created by any other provision of law or which may exist in order to avoid fraud, misrepresentation or deceit in the transfer transaction.

Any disclosure made pursuant to Sections 89-1-501 through 89-1-523 may be amended in writing by the transferor, but the amendment shall be subject to the provisions of Section 89-1-503.

Delivery of disclosure required by Sections 89-1-501 through 89-1-523 shall be by personal delivery to the transferee or by mail to the prospective transferee. For the purposes of Sections 89-1-501 through 89-1-523, delivery to the spouse of a transferee shall be deemed delivery …

(1) No transfer subject to Sections 89-1-501 through 89-1-523 shall be invalidated solely because of the failure of any person to comply with any provision of Sections 89-1-501 through 89-1-523. (2) Notwithstanding any other provision of law to the contrary, no real estate licens…

(1) The fact or suspicion that real property is or was:(a) The site of a natural death, suicide, homicide or felony crime (except for illegal drug activity that affects the physical condition of the property, its physical environment or the improvements located thereon);(b) The s…

If there shall be a foreclosure and sale under any such mortgage or deed of trust on land, the deed of conveyance made to a purchaser pursuant to a sale thereunder shall recite the names of all parties to and the date of such mortgage or deed of trust, and also the book and page …