Page 28 - State Law Summary of Mechanic's Lien Law

Mississippi MS

What is the statutory authority?
Mississippi Code §§ 85-7-401 to 85-7-433.
What is the Attachment Date of the Mechanic’s Lien?
A mechanic’s lien attaches to the land and has priority as of the date a claim of lien
is recorded except with respect to Construction Mortgages as discussed below.
Mississippi Code § 85-7-405(2).
What constitutes visible commencement of construction?
There is no visible commencement rule in Mississippi.
What is the priority of the insured construction mortgage/
deed of trust?
A construction loan mortgage has priority over a subsequent mechanic’s lien if the
Construction Mortgage is filed in the land records before the mechanic’s lien is
filed; and the lender obtained either (1) an affidavit or sworn statement from the
owner that no work has been performed on, or materials delivered to, the real
property, OR (2) an affidavit or sworn statement from the contractor that the
agreed price or reasonable value of the labor, services or materials has been paid
or waived in writing by the Lien Claimant. Mississippi Code §85-7-405(2)(c).
If priority of the insured mortgage/deed of trust is lost, is there a
statutory procedure to regain priority?
No.

When does a mechanic’s lien have to be filed for claimant to maintain
lien rights?
The Construction Lien must be filed within 90 days of the Claimant’s last work
performed, or labor, services or materials provided. Mississippi Code § 85-7-405(1)
(b).
What is the period of enforcement of a filed mechanic’s lien?
The Claimant must file an action to collect within 180 days after recording the
Construction Lien. A lis pendens notice must also be filed with commencement
of the action. Mississippi Code §85-7-405(c). The lien shall be extinguished by law
upon the earlier of ninety (90) days after the filing of the notice of contest of lien, or
180 days from the date of lien filing if no payment action is filed in that time period.
Mississippi Code § 85-7-423.

Is there a procedure to bond over the mechanic’s lien(s)?
Yes. When a claim of lien is filed in the office of the clerk of the chancery court
of the county where the real estate is located, the owner or a contractor or
subcontractor, before or after foreclosure proceedings are filed, may obtain a
discharge of the lien on the real estate upon approval of a bond by the Chancery
Court Clerk. See Mississippi Code §85-7-415.

Are the ALTA 32/33 Series Endorsements available for the Loan Policy?
Yes.

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