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Legislation Not Enacted: Garbage Liens

No legislation (SB 2457 | HB 725 | HB 1069 – all died in Committee or on Calendar) was enacted to address the problem of unrecorded garbage liens imposed by Section 19-5-22 (counties) and Section 21-19-2 (municipalities). Numerous bills were drafted to address this problem, but none were enacted.

One problem is that the municipal records of owners of property normally do not contain the information that is needed for liens to be recorded and indexed in the land records (e.g., quarter section, township, and range), only street addresses. The editor has started seeing garbage liens listed as exceptions on some title insurance commitments.

Categories: News
rclement
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.