Case: Interpretation of Local Ordinances
The Mississippi Supreme Court has long given deference to the interpretation by cities and counties of their ordinances, including zoning ordinances. In a case decided…
Author: Rod Clement
Rod Clement’s practice is concentrated in commercial real estate and secured transactions. He regularly represents purchasers and developers of shopping centers, office buildings and distribution centers, and represents lenders and borrowers in financings. Recent projects that he has worked on include development of solar power farms and student housing, purchase of healthcare facilities, and sales and financings of multi-family properties. He also has extensive experience with judicial and non-judicial foreclosures and receiverships.
Rod is a member of and has served on the board of directors of both the American College of Real Estate Lawyers and the American College of Mortgage Attorneys. He currently is serving on ACREL’s Member Selection Committee.
Rod has been listed in Band 1 of Chambers USA in Real Estate since Chambers began covering Mississippi. He has been listed in The Best Lawyers in America®in Real Estate and Land Use and Zoning for over 15 years. Best Lawyers named him “Lawyer of the Year” in Real Estate Law in Jackson in 2011, 2014 and 2018 and in Land Use and Zoning Law in 2013, 2016 and 2019. He is one of only two attorneys in Mississippi listed in International Who’s Who Legal: Real Estate for 2013-2015. He also is listed in Mid-South Super Lawyers.
Case: COVID and Public Sales
Osby v. Janes, 323 So. 3d 1084 (Miss. 2021) Eleven cotenants owned land in DeSoto County. One cotenant, Osby, negotiated a contract to sell the…
New Laws – Effective 2021
The following bills became effective on July 1, 2021. HB 1156 enacted the Revised Mississippi Law on Notarial Acts, which is codified at Miss. Code…
Zoning: Mississippi Medical Cannabis Act
The new Mississippi Medical Cannabis Act raises some interesting zoning issues. First, the Act describes where cannabis facilities can be located by reference to areas…
Trustee in Deed of Trust is Nominal Party for Diversity Jurisdiction
Anderson v. Wells Fargo Bank, N.A., 953 F.3d 311 (5th Cir. 2020) – Pro se plaintiff Anderson filed multiple lawsuits alleging that her lender improperly…
Lack of Authority to Assign Deed of Trust Does Not Support Wrongful Foreclosure Claim
Helmert v. Cenlar FSB, 802 Fed. Appx. 125 (5th Cir. 2020). Helmert refinanced his home in Lafayette County, Mississippi with Merchants &Farmers Bank and granted…
Filing Foreign Judgment in Mississippi Did Not Renew Judgement for Purposes of Mississippi Statute of Limitations on Enforcing Judgments
Will Realty, LLC v. Isaacs, 296 So. 3d 80 (Miss. 2020). In 2009, Mainsource Bank obtained a judgment against Mark and Sarah Isaacs in Kentucky.…
Creditor Required to Convey Land Back to Judgment Debtor Because of Unconscionably Low Purchase Price at Execution Sale
Dedeaux v. Coastal Developments Inc., 295 So. 3d 476 (Miss. Ct. App. 2019). Ruth Dedeaux obtained a judgment against Coastal Development for $33,419 plus interest…
Property Owner Association Fees Not Automatically Conveyed in Foreclosure Sale
Diamondhead County Club and Property Owners Association, Inc. v. The Peoples Bank, Biloxi, Mississippi, 296 So.3d 651 (Miss. 2020)(en banc). Purcell, a developer, acquired property…
Consent of 85% of Lot Owners Upheld in Restrictive Covenants
Diamondhead County Club and Property Owners Association, Inc. v. Committee for Contractual Covenants Compliance Inc., 298 So. 3d 421 (Miss. Ct. App. 2020). In 1970,…
Borrower Not Authorized to Accept Offer for Deed in Lieu of Foreclosure
Coast Plaza LLC v. RCH Capital LLC, 281 So.3d 1125 (Miss. Ct. App. 2019). Coast Plaza, a Mississippi limited liability company, was owned equally by…
Failure to Disclose Defects in House was Misrepresentation Despite “As Is” Clause
Lewis v. Rula, 293 So. 3d 317 (Miss. Ct. App. 2020). The Lewises purchased a house in Madison County. During the time they owned the…
No Subrogation of Deed of Trust When Junior Creditor Had Actual Knowledge of Existing Deed of Trust
White v. Whitehead, 2020 WL 4436727 (Miss. Ct. App., June 30, 2020)(en banc). In 1994, Whitehead executed a deed of trust to Citizens Bank of…
Dragnet Clauses, Credithrift, and Stewart
Trying to reconcile and apply Mississippi cases regarding future advance and dragnet clauses is a challenge. A 2017 bankruptcy court decision helps to correct one…
The Mississippi Broadband Enabling Act
During the 2019 Regular Session, the Mississippi Legislature passed “The Mississippi Broadband Enabling Act” (Miss. Code Ann. § 77-17-1 et seq.), which permits electric cooperatives…
Mississippi Passes “Back-to-Business Liability Assurance and Health Care Emergency Response Liability Protection Act” In Response To COVID-19
On July 8, 2020, Governor Reeves signed the “Mississippi Back-to-Business Liability Assurance and Health Care Emergency Response Liability Protection Act” (Senate Bill No. 3049), which…
Failure to Get Financing Was Not Grounds For Refund of Earnest Money
Franklin Land Associates, LLC v. Sethi, 281 So.3d 119 (Miss. Ct. App. 2019). In 2010, buyer and seller entered into a real estate purchase agreement…
Post-judgment Proceedings Did Not Reset Statute of Limitations on Foreign Judgement
White v. Taylor, 281 So.3d 1188 (Miss. Ct. App. 2019). In January 2002, a Florida court entered a final judgment dissolving the marriage of White…
Claims for Construction Defects Not Conveyed in Foreclosure Sale
Henderson v. Copper Ridge Homes, LLC, 273 So.3d 750 (Miss. 2019). The Hendersons and Copper Ridge entered into a home construction contract. The Hendersons also…
Moratoria on Foreclosures and Evictions
The federal housing agencies have extended their existing moratoria on foreclosures and evictions to August 31, 2020. See https://www.hud.gov/sites/dfiles/OCHCO/documents/2020-19hsngml.pdf (HUD); https://www.fhfa.gov/Media/PublicAffairs/Pages/FHFA-Extends-Foreclosure-and-Eviction-Moratorium-6172020.aspx (Fannie Mae and Freddie…