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MS HB723

Bill

Status

Passed

4/26/2011

Primary Sponsor

Sam Mims

Click for details

Origin

House of Representatives

2011 Regular Session

AI Summary

  • Amends Mississippi Code to revise acknowledgment requirements for instruments pertaining to real property, adding a new standardized acknowledgment form (subsection h) for any business organization, foreign or domestic, executing documents in a representative capacity

  • Requires all instruments concerning the sale of lands or conveyance of personal estate to be acknowledged or proved and certified by a competent officer before recording, with exceptions for Uniform Commercial Code transactions

  • Authorizes clerk's offices to refuse recording of instruments that lack proper acknowledgment, while clarifying that improperly acknowledged instruments that are nonetheless recorded still provide constructive notice to all persons

  • Applies the constructive notice provisions to all instruments recorded on or after July 1, 2011, while preserving priority rules for conflicting real property claims established before that date

  • Effective date of July 1, 2011

Legislative Description

Real property; revise acknowledgment requirement for recorded instruments.

Last Action

Approved by Governor

4/26/2011

Full Bill Text

No bill text available