Bill Text: MS HB600 | 2011 | Regular Session | Comm Sub
Bill Title: Real property; require increased font size and certain identifying information for all instruments presented for recording.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-03-16 - Approved by Governor [HB600 Detail]
Download: Mississippi-2011-HB600-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary A
By: Representative Snowden
House Bill 600
(COMMITTEE SUBSTITUTE)
AN ACT TO AMEND SECTION 89-5-24, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT MINIMUM FONT FOR CERTAIN LEGAL TYPED INSTRUMENTS TO BE PRESENTED FOR RECORDING BE INCREASED FROM EIGHT POINT TO TWELVE POINT FONT SIZE; TO AMEND SECTION 27-3-51, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT CERTAIN IDENTIFYING INFORMATION BE INCLUDED ON THE FIRST PAGE OF REAL PROPERTY INSTRUMENTS FILED WITH THE CHANCERY CLERK; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 89-5-24, Mississippi Code of 1972, is amended as follows:
89-5-24. (1) Except as otherwise provided in subsections (3) and (4), any document or instrument presented to the clerk of the chancery court for recording shall meet the following requirements:
(a) Each document or instrument shall consist of one or more individual pages printed only on one (1) side. The document or instrument shall not consist of pages that are permanently bound or in a continuous form and shall not have any attachment stapled or otherwise affixed to any page except as necessary to comply with statutory requirements. However, the individual pages of a document or instrument may be stapled together for presentation for recording. A label that is firmly attached with a bar code or return address may be accepted for recording.
(b) All documents must be printed or typed in a font no smaller than eight (8) point in size provided, however, that a legal description and the names of the parties shall be in a font no smaller than twelve (12) point in size. If a document or instrument, other than a plat or survey or a drawing related to a plat or survey, presented for recording contains type smaller than eight (8) point type, the document or instrument shall be accompanied by an exact typewritten or printed copy that meets the requirements of this section.
(c) Each document shall be of sufficient legibility to produce a clear reproduction. If a document or instrument, other than a plat or survey or a drawing related to a plat or survey, is not sufficiently legible to produce a clear reproduction, the document or instrument shall be accompanied by an exact typewritten or printed copy that meets the type size requirements of paragraph (b) and shall be recorded contemporaneously as additional pages of the document or instrument.
(d) Each document or instrument, other than a plat or survey or a drawing related to a plat or survey, shall be on white paper of not less than twenty-pound weight. All text within the document or instrument shall be of sufficient color and clarity to ensure that the text is readable when reproduced from the record.
(e) All signatures on a document or instrument shall be in black or blue ink and of sufficient color and clarity to ensure that the signatures are of sufficient legibility to produce a clear reproduction when the document or instrument is reproduced from the record. The corresponding name shall be typed, printed or stamped beneath the original signature. The typing or printing of a name or the application of an embossed or inked stamp shall not cover or otherwise materially interfere with any part of the document or instrument except where provided by law. Failure to print or type signatures as required in this paragraph does not invalidate the document or instrument.
(f) The first page of each document or instrument, other than a plat or survey or a drawing related to a plat or survey, shall have a top margin of at least three (3) inches of vertical space from left to right which shall be reserved for the recorder's use. All other margins on the document or instrument shall be a minimum of three-fourths (3/4) of one (1) inch. Nonessential information including, but not limited to, form numbers or customer notations may be placed in a margin other than the top margin. A document may be recorded if a minor portion of a seal or incidental writing extends into a margin. The recorder shall not incur any liability for failure to show a seal or information that extends beyond the margin of the permanent archival record.
(2) Each document or instrument, other than a plat or survey or a drawing related to a plat or survey, that is presented for recording and that contains any of the following information shall have that information on the first page below the three-inch margin:
(a) The name, address and telephone number of the individual who prepared the document.
(b) A return address.
(c) The title of the document or instrument.
(d) All grantors' names.
(e) All grantees' names.
(f) All borrowers' names.
(g) All beneficiaries' names.
(h) All trustees' or other parties' names.
(i) Any address and telephone number required by Section 27-3-51, Mississippi Code of 1972.
(j) The legal description of the property or indexing instruction per Section 89-5-33(3). If there is insufficient space on the first page for the entire legal description or the entire indexing instruction, immediately succeeding pages shall be used.
(3) The following documents or instruments are exempt from the format requirements of this section:
(a) A document or instrument that was executed before July 1, 2009.
(b) A military separation document or instrument.
(c) A document or instrument executed outside the United States.
(d) A certified copy of a document or instrument issued by a court or governmental agency, including a vital record.
(e) A document or instrument where one (1) of the original parties is deceased or otherwise incapacitated.
(f) A document or instrument formatted to meet court requirements.
(g) A federal tax lien.
(h) A filing under the Uniform Commercial Code.
(4) The recorder shall record a document or instrument that does not substantially conform to the format standards specified in subsections (1) and (2) of this section upon payment of an additional recording fee of Ten Dollars ($10.00) per document or instrument. The fee shall be charged only for documents or instruments dated on or after July 1, 2009; this fee may not be charged for those documents or instruments specifically exempted in subsection (3).
(5) Failure to conform to the format standards specified in this section does not affect the validity or enforceability of the document or instrument.
SECTION 2. Section 27-3-51, Mississippi Code of 1972, is amended as follows:
27-3-51. (1) In order that the Commissioner of Revenue may be familiar with the character and values of the several classes of property within each of the several counties of the state and of the economic conditions therein, and throughout the state, the Commissioner of Revenue, or his designees, shall annually visit each of the several counties of the state. In the course of his visitation within each county, the Commissioner of Revenue, or his designees, shall perform the duties enumerated in Sections 27-3-39 and 27-3-53, and he shall investigate the work and methods adopted by the board of supervisors and county tax assessors and confer with such officers and other well-informed persons, ascertain wherein existing laws are defective or improperly or negligently administered and shall be authorized to exercise the authority granted under Sections 27-1-21 and 27-1-23. However, any language in Section 27-1-21 and Section 27-1-23 relative to the actual assessing or appraising of property by the county or municipal tax assessor is not granted to the Commissioner of Revenue. He shall report the results of his investigation and the facts ascertained to the Governor, from time to time, when required by him, and to each session of the Legislature.
(2) (a) The chancery clerk shall require that the current mailing address and current business or employment telephone number, if any, and current residential telephone number, if any, of each grantor and grantee be included on all deeds as a prerequisite for the deed to be filed for record after July 1, 1987. If the residential telephone number is unlisted, the grantor or grantee shall include on the deed a telephone number where he or she can be reached during business hours. If the grantee may receive mail at the address of the property transferred, then the address of the transferred property shall be the mailing address of the grantee for the purposes of this section. The information provided by the grantor and grantee shall be true and correct and complete to the best of his or her knowledge and belief under penalty of perjury under Section 97-9-61. The chancery clerk may refuse to accept delivery of any deed for filing that does not contain on the deed the information required in this section. The fact that the information provided by the grantor or grantee may be incorrect, incomplete or false, however, shall not invalidate the deed or the filing thereof for record. The Commissioner of Revenue shall annually audit the deeds filed with the chancery clerk of each county and assess a penalty of One Hundred Dollars ($100.00) against the county for each deed filed in violation of this section, and the aggregate of such sum shall be withheld by the Commissioner of Revenue from the next installment of homestead exemption reimbursement due under Section 27-33-41.
(b) The first page of each deed instrument, assignment, notice instrument or other real property instrument to be recorded with the chancery clerk shall include the current physical mailing address and current business or employment telephone number, if any, and the current physical residential mailing address and current residential telephone number for all parties named in the instrument, including:
(i) Any grantors;
(ii) Any grantees;
(iii) Any borrowers;
(iv) Any beneficiaries;
(v) Any trustees; or
(vi) Any other party named in the instrument.
(3) The Commissioner of Revenue or his designees are hereby authorized to verify sales data regarding the transfer of real property by obtaining such information from the grantor or grantee. The information provided by the grantor or grantee to the Commissioner of Revenue or his designee shall be true, correct and complete to the best of his or her knowledge and belief under penalty of perjury under Section 97-9-61. Any information obtained in this manner shall be shared with the county tax assessors and used only for the purpose of valuing property.
(4) The Commissioner of Revenue may request sales data of Class I and Class II property from the county tax assessors in order to develop sales ratios. If a county tax assessor fails to supply accurate information requested by the Commissioner of Revenue, the commissioner shall reject the county's tax roll. The avails of the one (1) mill levy as provided for in Section 27-39-329(2)(b) shall not be expended until the county complies with such request.
SECTION 3. This act shall take effect and be in force from and after July 1, 2011.
