Mississippi Modifies Provisions Regarding Real Property Identification Requirements
by: Matthew Dailey
The state of Mississippi modified its rules by clarifying required identifying information regarding what must be included in an instrument pertaining to real property that is presented to the applicable chancery court clerk for recording. The information relates to the name, mailing address and telephone number of every grantor, grantee, borrower or other party to the instrument. These provisions are effective on July 1, 2014.
Incorporating the changes enacted to Section 89-5-24 of the Mississippi Code, some of the important parts of the Code are as follows:
Documents for recording must be printed on only one side of each page.
Documents must be printed in font at least ten-point in size.
Each document must be legible enough to produce a clear reproduction- if the document does not meet this requirement, it must be accompanied by an exact typewritten or printed copy.
All documents must be on white paper no less than twenty-pound weight.
Signatures on all instruments must be in black or blue ink.
The first page of each document other than a plat or survey, shall have a top margin of at least three (3) inches reserved for the recorder’s use; all other margins shall be a minimum of three-fourths (3/4) of one (1) inch.
The name, mailing address, and telephone number of the preparer of the document and every grantor, grantee, borrower, beneficiary, trustee and other party to an instrument must be in document.
Certain exemptions from these requirements include documents executed before July 1, 2009, military documents, or certified copies of documents issued by court or government.
The recorder shall record any document that does not substantially conform to the standards of Section 89-5-24 upon payment of an additional recording fee of ten dollars ($10.00) per document.
About the Author
Matthew Dailey, J.D. is Regulatory Compliance Consultant at Bankers Advisory, Inc. He is a graduate of Stonehill College and earned his Juris Doctor at the New England School of Law. He is admitted to the Massachusetts Bar. Matthew can be reached at matthew@bankersadvisory.com
Anna DeSimone founded Bankers Advisory in 1986 and is a nationally recognized authority in residential mortgage lending. She has received numerous industry awards and has authored more than 40 best practices guides and hundreds of articles.
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