New Statute: Revocation upon Divorce
Revocation-upon-divorce was originally an English common-law principle that grew out of the doctrine of revocation by implication. States began codifying and expanding the doctrine in…
Mississippi Uniform Disclaimer of Property Interests Act (2002/2010)
The Mississippi Uniform Disclaimer of Property Interests Act (2002/2010) (the “Mississippi Disclaimer Act”), which replaces the Uniform Disclaimer of Property Interests Act (the “Old Disclaimer…
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…
Member Highlight – Agent: Jana Manlove
Although Jana Manlove began her legal career working for an insurance defense firm, she has found her niche in the field of real estate curative…
MISMO® Releases Proposed Commercial Appraisal Data Standards
MISMO, the mortgage industry’s standards organization, recently released proposed data standards for commercial property appraisals. The new dataset will facilitate the efficient exchange of appraisal…
Transfer on Death Deeds
Download: Until recently, Mississippi law did not recognize transfer-on-death deeds. However, with the passage of SB 2851, the Mississippi legislature created statutory guidelines for “Transfer…
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…
Member Highlight – Agent: Gardner Richey
First American Title Insurance Company agents have come to know Gardner Richey as a talented and resourceful agent representative, but he recently began a new…
45,815 Mississippi companies receive PPP loans
On July 6, 2020, the federal government released the names of 45,815 companies and organizations in Mississippi that received Paycheck Protection Program (PPP) loans, which…
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…
NEW LAW: Revised Mississippi Law on Notarial Acts
House Bill 1156, which would create the Revised Mississippi Law on Notarial Acts, was approved by Governor Reeves on June 25, 2020, and becomes effective…
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…
Our Title Is Protection
ALTA recently introduced a new campaign entitled “Our Title is Protection.” Meet the defenders, private investigators, guardians, and bodyguards of the American Dream. There are…
Diamondhead CC and POA v. CCCI – Restrictive Covenants
In a recent case, Diamondhead Country Club and Property Owners Association Inc. v. Committee for Contractual Covenants Compliance Inc., 2020 WL 3055993, at *1 (Miss.App.,…
Ethics Opinion No. 263 – Use of Online Cloud-based Storage
The Mississippi Bar has adopted a new ethics opinion regarding the use of online cloud-based storage companies, such as Dropbox, Google Cloud, Box, OneDrive, etc.…
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…
e-Notary Law slowly moves forward without RIN, RON and paper-out procedure
Legislation by State Representative Shane Aguirre (R-17) that would authorize electronic notarization of documents received approval Tuesday (June 2, 2020) from the Senate Judiciary, Division…
SAFE Banking Act Included in Proposed Fourth COVID Stimulus Package
The Secure And Fair Enforcement (SAFE) Banking Act of 2019 has been included as part of House Democrats’ proposal for a fourth stimulus package in…