2007 Regular Session
To: Judiciary, Division A
By: Senator(s) Ross, White
AN ACT TO AUTHORIZE RECORDATION OF HEIRSHIP AND OTHER AFFIDAVITS PERTAINING TO REAL ESTATE TITLES AND TO PROVIDE FOR THE ADMISSIBILITY OF SUCH AFFIDAVITS WHEN RECORDED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Any affidavit relating to the identification, the marital status, the heirship, the relation, the death, or the time of death, of any person who is a party to any instrument affecting the title to real estate, or any affidavit relating to the identification of any corporation or other legal entity which is a party to any instrument affecting the title to real estate, duly sworn to and acknowledged before any officer or person authorized to administer an oath under the laws of this state, shall be recordable in the land records in the office of the chancery clerk in the county where the real estate is situated.
(2) Any affidavit so recorded, or a certified copy thereof, shall be admissible as evidence in any action involving the instrument to which it relates or the title to the real estate affected by the instrument and shall be prima facie evidence of the facts stated therein and the marketability of the title to real estate.
(3) Any action challenging the marketability of title or any action which relates to title to the real estate shall be commenced within three (3) years next after the recording of the affidavit and not after.
SECTION 2. This act shall take effect and be in force from and after its passage.