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MS HB928

Bill

Status

Passed

3/25/2013

Primary Sponsor

Greg Snowden

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • Amends Mississippi Code Section 89-5-8 to allow recording of an affidavit of scrivener's error to correct typographical or minor errors in instruments affecting real estate title.

  • Requires the affidavit to be prepared only by an attorney licensed in Mississippi who prepared an instrument in the chain of title to the subject property.

  • Affidavit must be sworn to and acknowledged before an authorized officer, and notice of corrective information becomes effective upon recordation in the chancery clerk's office.

  • Chancery clerk shall index the affidavit under the names of original parties to the instrument and in the sectional index as instructed by the affiant.

  • Recorded affidavit or certified copy is admissible as evidence in actions involving the instrument or real estate title, and constitutes prima facie evidence of stated facts and marketability of title.

Legislative Description

Real estate; allow scrivener's affidavits to correct errors in real estate instruments.

Last Action

Approved by Governor

3/25/2013

Committee Referrals

Judiciary, Division A2/19/2013
Judiciary B1/21/2013

Full Bill Text

No bill text available