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…
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.
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…
Summary of New Legislation
HB 444 makes amendments to Miss. Code Ann. § 21-19-11, which authorizes municipalities to enter upon and clean land that “is in such a state…
Former Owner of Land Who Did Not Redeem Does Not Have Standing to Challenge Tax Sale
Burns v. Sonador REI LLC, 283 So. 3d 246 (Miss. Ct. App. 2019). Burns failed to pay the ad valorem taxes assessed to his property…
Easement By Necessity Extinguished When Other Means of Access Acquired
Sullivan v. Maddox, 283 So. 3d 222 (Miss. Ct. App. 2019)(en banc). The Court of Appeals held that an easement by necessity was extinguished when…
County Cannot Rescind Abandonment of Road Without Notice and Opportunity to be Heard
Tippah County v. Lerose, 283 So. 3d 149 (Miss. 2019). A county road ran through land owned by the Leroses. The Tippah County Board of…
Statutory Obligation to Reappraise Sixteenth-Section Land Prevails Over Lease Terms
Oak Grove Marketplace, LLC v. Lamar County School District, 287 So. 3d 924 (Miss. 2020). Section 29-3-69 of the Mississippi Code requires that the rent…
Moratoria on Evictions and Foreclosures
Governor Reeves issued Executive Order No. 1477 on April 24, 2020, that imposed a moratorium on evictions of residential properties, Executive Order No 1484, issued…
Landlord and Principals Liable for Tenant Selling Counterfeit Goods
Luxottica Group, S.P.A. v. Airport Mini Mall, LLC, 932 F.3d 1303 (11th Cir. 2019). Luxottica Group manufactures and holds registered trademarks to luxury goods, including…
Appurtenant Easement Extinguished in Servient Owner’s Bankruptcy
Sherwin Alumina Co., L.L.C. v. Port of Corpus Christi Authority (In re Sherwin Alumina Company, L.L.C.), United States Court of Appeals for the Fifth Circuit…
Amendments to Text of Zoning Ordinance Constituted Zoning and Spot Zoning
Beard v. City of Ridgeland, 245 So. 3d 380 (Miss. 2018)(en banc). In 2014 the City of Ridgeland completed a new comprehensive zoning ordinance and…
Federal Takings Claims and Graveyard Easements
In Knick v. Township of Scott, 138 S. Ct. 1262 (2019), the United Supreme Court overruled one of its cases from 1985 and held that…
Legislative Changes – Now and Later
HB 807 – extends the automatic repealer in Miss. Code Ann. Section 29-1-75 to July 1, 2022. This is the statute that limits the ability…