MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary A
By: Representatives Byrd, McLeod
AN ACT TO AMEND SECTIONS 3-3-31, 89-5-1 AND 89-5-24, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL DOCUMENTS AND INSTRUMENTS OF RECORD TO BE IN THE ENGLISH LANGUAGE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 3-3-31, Mississippi Code of 1972, is amended as follows:
3-3-31. The English language is the official language of the State of Mississippi. Except as otherwise provided by law, all documents and instruments of record and any record regarding any legal proceeding written and recorded after July 1, 2018, must be in the English language.
SECTION 2. Section 89-5-1, Mississippi Code of 1972, is amended as follows:
89-5-1. Except as provided by Sections 89-5-101 through
89-5-113, a conveyance of land shall not be good against a purchaser for a valuable consideration without notice, or any creditor, unless it be lodged with the clerk of the chancery court of the county in which the lands are situated to be recorded and unless the document be in the English language; but after filing with the clerk, the priority of time of filing shall determine the priority of all conveyances of the same land as between the several holders of such conveyances.
SECTION 3. 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 ten-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
ten-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.
(g) Each document must be in the English language.
(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, physical business mailing address and business or employment telephone number of the individual who prepared the document; and the name, mailing address and telephone number of every grantor, grantee, borrower, beneficiary, trustee or other party to the instrument.
(b) A return address.
(c) The title of the document or instrument.
(d) Any address and
telephone number required by Section 27-3-51 * * *.
(e) 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 4. This act shall take effect and be in force from and after July 1, 2018.