MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary A
By: Representative Zuber
AN ACT TO AMEND SECTION 85-7-405, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT A LIS PENDENS NOTICE OF A LIEN SHALL BE FILED WITHIN THIRTY DAYS AFTER THE COMMENCEMENT OF THE ACTION; TO BRING FORWARD SECTIONS 85-7-419 AND 85-7-433, MISSISSIPPI CODE OF 1972, WHICH RELATE TO LIENS ON REAL ESTATE OR OTHER PROPERTY, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 85-7-405, Mississippi Code of 1972, is amended as follows:
85-7-405. (1) To make good a lien created in Section 85-7-403(1), it must be created and declared in accordance with the following provisions, and on failure of any of them, the lien shall not be effective or enforceable:
(a) A substantial compliance by the party claiming the lien with the party's contract, subcontract or purchase order for work performed or labor, services or material provided in the building, repairing, or improving of real estate; for architectural services furnished; for registered land surveying or registered professional engineering services furnished or performed; or for materials or machinery furnished;
(b) The filing for record of the claim of lien in the office of the clerk of the chancery court of the county where the property is located within ninety (90) days after the claimant's last work performed, labor, services or materials provided, the furnishing of architectural services, or the furnishing or performing of surveying or engineering services. The lien shall include a statement regarding its expiration pursuant to Section 85-7-421(1) and a notice to the owner of the property on which a claim of lien is filed that the owner has the right to contest the lien; the absence of the statement or notice shall invalidate the lien. The claim shall be in substance as follows:
"A.B., a mechanic,
contractor, subcontractor, materialman, machinist, manufacturer, registered
architect, registered forester, registered land surveyor, registered
professional engineer, or other person (as the case may be) claims a lien in
the amount of (specify the amount claimed) on the building, structure, house,
factory, mill, machinery, or railroad (as the case may be) and the premises or
real estate on which it is erected or built, of C.D. (describing the houses, premises,
real estate, or railroad), for satisfaction of a claim which became due on
(specify the date the claim was due * * *) for work performed or
labor, services provided (or whatever the claim may be).
THIS CLAIM OF LIEN EXPIRES AND IS VOID ONE HUNDRED EIGHTY (180) DAYS FROM THE DATE OF FILING OF THE CLAIM OF LIEN IF A PAYMENT ACTION IS NOT FILED BY THE CLAIMANT WITHIN THAT TIME PERIOD.
NOTICE TO OWNER OF PROPERTY: You have the right to contest this claim of lien pursuant to Mississippi law."
No later than two (2)
business days after the claim of lien is filed of record, the lien claimant
shall send a true and accurate copy of the claim of lien by registered or
certified mail or statutory overnight delivery to the owner of the property or,
if the owner's address cannot be found, the contractor, as the agent of the
owner; if the property owner is an entity on file with the Secretary of State's
office, sending a copy of the claim of lien to the entity's address or the
registered agent's address shall satisfy this requirement. If the lien
claimant is not the contractor, he shall also send a copy of the claim of lien
within two (2) business days by registered or certified mail or statutory
overnight delivery to the contractor or to the contractor's registered agent * * *;
(c) (i) A payment
action for the recovery of the amount of the lien claimant's claim against the
party he contracted with shall be commenced in county, circuit or chancery
court within * * * thirty (30) days * * * after the date of filing for record
of the lien claimant's claim of lien. A lis pendens notice shall be filed with
the commencement of the action with a copy to the owner and contractor;
(ii) The payment action shall be commenced by summons and complaint. The defendants shall be summoned, as in other actions at law, to appear and defend the action; and in case any necessary party defendant shall be a nonresident of or absent from the state, or cannot be found, he may be made a party by publication, as in cases of nonresident or absent defendants in chancery, requiring him to appear on a day to be therein named; and in default of appearance, the same proceedings shall be had as if the defendant had been duly summoned and made default;
(iii) Nothing in this paragraph (c) shall prejudice the parties' contractual rights to arbitration, as applicable;
(iv) The failure to file the lis pendens notice, within the time set forth in subsection (c)(i) of this section, shall invalidate the lien claimant's claim of lien;
(d) (i) The commencement of a payment action under paragraph (c) is not required if the owner has not made payment to the contractor and the lien claimant cannot secure a final judgment against the party with whom the lien claimant contracted because:
1. The party has been adjudicated a bankrupt;
2. If an individual, the party is deceased; or
3. Payment is not due to the lien claimant under the applicable contract agreement until after payment is received by the party with whom the lien claimant contracted.
(ii) If * * * subparagraph (i) of this * * * paragraph (d) applies, the
person or persons furnishing labor, services or materials may enforce the lien
directly against the property in a lien action against the owner if it is filed
within the required time for filing a payment action, with the judgment
rendered in the proceeding to be limited to a judgment in rem against the
property improved and to impose no personal liability upon the owner of the
property. A lis pendens notice shall be filed with the commencement of this
lien action with a copy to the owner and the contractor.
(iii) Nothing in
this paragraph (d) shall impact or negate the rights and defenses available
pursuant to Section 85-7-413 or 85-7-419 * * *;
(e) A claim of lien
may be amended at any time to increase or reduce the amount claimed, and the
amended claim of lien shall relate back to the date of filing for record of the
original claim of lien. An amended claim of lien filed for record pursuant to
this subsection shall be sent to the owner of the property in the same manner
as required for a claim of lien in * * * paragraph (b) of this subsection and shall be in
substance as follows:
"That certain claim of lien filed by A.B. against property of C.D. on (date) and recorded at book (book#), page (page#) in the lien index of (name of county) County is hereby amended by increasing/reducing (cross out one) the amount of the claim of lien to (specify reduced amount claimed). The remaining terms of the original claim of lien are hereby incorporated by reference into this amended claim of lien. This amended claim of lien relates back to the date that the original claim of lien was filed for record."
(2) (a) The liens
specified in Section 85-7-403 ("construction liens") shall be
inferior to liens for taxes, but construction liens shall be superior in
priority to all other liens except as specified in * * * paragraphs (b) and (c) of
this subsection.
(b) Except as provided
in * * *
paragraph (c) of this subsection, a construction lien shall have priority
over all other liens, deeds of trust, mortgages or encumbrances filed after the
date and time of the filing of the notice of lien in the office of the chancery
clerk of the county in which the land is located. All liens, deeds of trust,
mortgages and encumbrances filed before the date and time of the filing of the
notice of construction lien shall have priority over the construction lien,
whether the work secured by the lien was performed before or after the filing
of the lien, deed of trust, mortgage or other encumbrance. This priority will
extend to amendments or restatements and assignments of the lien, deed of trust,
mortgage and other encumbrance. The priorities in this subsection are determined
by the date and time of filing and without regard to the actual knowledge of
the parties of unrecorded liens. Enforcement of a construction lien shall not
affect any prior deeds of trust or other liens, and a purchaser, in connection
with the enforcement of a construction lien, shall take the property subject to
any prior liens, deeds of trust, mortgages or encumbrances of which the
purchaser has actual or constructive notice on the date of the purchase.
Foreclosure of any prior deeds of trust or other liens shall terminate and
extinguish the subordinate construction lien or other interest as to the land
and the buildings and improvements thereon, whether or not at the time of the
foreclosure the construction lien or interest has been perfected in accordance
with the provisions of this article, and the subordinate lienholder shall have
the rights in any excess proceeds received by the foreclosing lienholder as
provided by law.
(c) A deed of trust,
mortgage, assignment of leases and rents, fixture filing or other security
agreement affecting real property is a construction mortgage to the extent it
secures a loan or loans for the purpose of financing the repair or construction
of an improvement on the real property, which may include the acquisition cost
of the real property. A construction lien is subordinate to a construction
mortgage if the construction mortgage is filed in the land records before a
notice of a claim of lien is filed pursuant to * * * this section
and the lender, secured party, mortgagee, beneficiary or holder of the
construction mortgage obtained either: (i) an affidavit or sworn statement
from the owner to the effect that no work has been performed on, or materials
delivered to, the real property; or (ii) an affidavit or sworn statement from
the contractor, or owner if there is no contractor, as provided in Section 85-7-413(1)(b)
regarding payment for work, materials or services provided. A construction
mortgage has this priority for all loan advances secured thereby regardless of
whether the advances are made before or after the filing of a notice of a
construction lien, and this priority will extend to amendments, restatements
and refinancings of the construction mortgage.
(3) (a) Following compliance with the requirements of subsection (1) of this section, in any proceeding against the owner to enforce a lien created by Section 85-7-403 against the property, the party having a direct contractual relationship with the lien claimant shall not be a necessary party, but may be made a party. The design professional, contractor or subcontractor, or all of them, may intervene in the proceedings at any time before judgment for the purpose of resisting the establishment of the lien or of asserting against the lien claimant any claim of the contractor or subcontractor growing out of or related to the contract, subcontract or purchase order upon which the asserted lien is based.
(b) Any party to an action against the owner to enforce a lien against the property, by appropriate plea, may put in issue the fact of indebtedness or the existence of the lien, or both, and may interpose any other defense or join any counterclaim applicable to the action; and if the court by its finding, or the jury by their verdict, as the case may be, ascertain that the plaintiff has a lien as claimed, judgment shall be entered for the amount secured thereby, plus interest and costs, against the party liable for the same.
(c) The court, in its discretion, may award reasonable costs, interest and attorney's fees to the prevailing party in an action against the owner to enforce a lien against the property.
(d) All liens arising under Section 85-7-403 shall have an equal priority, and be first paid out of the proceeds of the sale of the property, or money collected from the owner; and if the proceeds and money are insufficient to satisfy the liens in full, the proceeds and money shall be distributed pro rata among the claimants thereof or as otherwise ordered by the court.
(4) In no event shall the aggregate amount of liens created by Section 85-7-403 exceed the contract price as determined by the terms of the contract or other agreement between the owner and contractor for the improvements made or services performed.
(5) (a) If payments have been made in reliance upon either lien waivers issued by lien claimants pursuant to Section 85-7-413(1)(a) or sworn written statements of the contractor pursuant to Section 85-7-413(1)(b), the aggregate amount of liens created by Section 85-7-403 in favor of subcontractors and materialmen who are not in privity of contract with the owner shall not exceed the unpaid balance of the contract price under the terms of the contract or agreement between the owner and the contractor at the time the first notice of lien is filed pursuant to this section.
(b) If payments have been made in reliance upon either lien waivers issued by lien claimants pursuant to Section 85-7-413(1)(a) or sworn written statements of the contractor pursuant to Section 85-7-413(1)(b), the aggregate amount of liens created by Section 85-7-403 in favor of design professionals who are not in privity of contract with the owner shall not exceed the unpaid balance of the contract price under the terms of the contract or agreement between the owner and the design professional who is in privity of contract with the owner at the time the first notice of lien is filed pursuant to this section.
SECTION 2. Section 85-7-419, Mississippi Code of 1972, is brought forward as follows:
85-7-419. (1) A right to claim a lien or to claim upon a bond may not be waived in advance of furnishing of labor, services or materials. Any purported waiver or release of lien, bond claim or this article executed or made in advance of furnishing labor, services or materials is null, void and unenforceable.
(2) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment other than final payment, the waiver and release shall substantially follow the Interim Waiver and Release upon Payment form set forth in Section 85-7-433(1). The failure to correctly complete any of the blank spaces in the referenced form does not invalidate the form if the subject matter of the release reasonably may be determined.
(3) When a claimant is requested to execute a waiver and release in exchange for or in order to induce making of final payment, the waiver and release shall substantially follow the Waiver and Release upon Final Payment form set forth in Section 85-7-433(2). The failure to correctly complete any of the blank spaces in the referenced form does not invalidate the form if the subject matter of the release reasonably may be determined.
(4) Nothing contained in this section shall affect:
(a) The enforceability of any subordination of lien rights by a potential lien claimant to the rights of any other party which may have or acquire an interest in all or any part of the real estate or other property for which the potential lien claimant has furnished labor, services or material, even though the subordination is entered into in advance of furnishing labor, services or material, and even though the claimant has not actually received payment in full for its claim;
(b) The enforceability of any waiver of lien rights given in connection with the settlement of a bona fide dispute concerning the amount due the lien claimant for labor, services or material which have already been furnished; or
(c) The validity of a cancellation or release of a recorded claim of lien.
(5) (a) When a waiver and release provided for in this section is executed by the claimant, it shall be binding against the claimant for all purposes, subject only to payment in full of the amount set forth in the waiver and release.
(b) Amounts shall conclusively be deemed paid in full upon the earliest to occur of:
(i) Actual receipt of funds;
(ii) Execution by the claimant of a separate written acknowledgment of payment in full; or
(iii) Sixty (60) days after the date of the execution of the waiver and release, unless before the expiration of the sixty-day period the claimant files in the county in which the property is located an affidavit of nonpayment, using substantially the affidavit of nonpayment form set forth in Section 85-7-433(3), and sends a true and accurate copy of the affidavit of nonpayment to the owner of the property in the manner provided in Section 85-7-405 for sending a notice of a claim of lien to the owner.
(c) A claimant who is paid, in full, the amount set forth in the waiver and release form after filing an affidavit of nonpayment shall upon request execute in recordable form an affidavit swearing that payment in full has been received. Upon recordation thereof in the county in which the affidavit of nonpayment was recorded, the affidavit of nonpayment to which it relates shall be deemed void.
(d) Nothing in this section shall shorten the time within which to file a claim of lien.
(e) Except as provided in Section 85-7-413, a waiver and release provided in accordance with this section shall be suspended upon the filing of an affidavit of nonpayment until payment in full has been received. However, an affidavit of nonpayment shall not affect dissolution of the claimant's lien or the availability or enforceability of any owner's defenses pursuant to Section 85-7-413, if applicable.
(f) The claimant may rely upon the information contained in the waiver and release form when completing for filing the affidavit of nonpayment.
SECTION 3. Section 85-7-433, Mississippi Code of 1972, is brought forward as follows:
85-7-433. (1) The following form is the Interim Waiver and Release Upon Payment form referred to in Section 85-7-419:
INTERIM WAIVER AND RELEASE UPON PAYMENT
STATE OF MISSISSIPPI
COUNTY OF __________
THE UNDERSIGNED MECHANIC AND/OR MATERIALMAN HAS BEEN EMPLOYED BY __________ (NAME OF CONTRACTOR) TO FURNISH __________ (DESCRIBE MATERIALS AND/OR LABOR) FOR THE CONSTRUCTION OF IMPROVEMENTS KNOWN AS __________ (TITLE OF THE PROJECT OR BUILDING) WHICH IS LOCATED IN THE CITY OF __________, COUNTY OF __________, AND IS OWNED BY __________ (NAME OF OWNER) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
(DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.)
UPON THE RECEIPT OF THE SUM OF $__________, THE MECHANIC AND/OR MATERIALMAN WAIVES AND RELEASES ANY AND ALL LIENS OR CLAIMS OF LIENS IT HAS UPON THE FOREGOING DESCRIBED PROPERTY OR ANY RIGHTS AGAINST ANY LABOR AND/OR MATERIAL BOND THROUGH THE DATE OF __________ (DATE) AND EXCEPTING THOSE RIGHTS AND LIENS THAT THE MECHANIC AND/OR MATERIALMAN MIGHT HAVE IN ANY RETAINED AMOUNTS, ON ACCOUNT OF LABOR OR MATERIALS, OR BOTH, FURNISHED BY THE UNDERSIGNED TO OR ON ACCOUNT OF SAID CONTRACTOR FOR SAID BUILDING OR PREMISES.
____________________________________
SIGNATURE
BY: ______________________________
(PRINT NAME)
ITS: ______________________________
(PRINT TITLE)
SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE ____ DAY OF _________, 20__.
___________________________________
NOTARY PUBLIC
NOTICE: WHEN YOU EXECUTE AND SUBMIT THIS DOCUMENT, YOU SHALL BE CONCLUSIVELY DEEMED TO HAVE BEEN PAID IN FULL THE AMOUNT STATED ABOVE, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED THE PAYMENT, SIXTY (60) DAYS AFTER THE DATE STATED ABOVE UNLESS YOU FILE EITHER AN AFFIDAVIT OF NONPAYMENT OR A CLAIM OF LIEN BEFORE THE EXPIRATION OF THE SIXTY-DAY PERIOD. THE FAILURE TO INCLUDE THIS NOTICE LANGUAGE ON THE FACE OF THE FORM SHALL RENDER THE FORM UNENFORCEABLE AND INVALID AS A WAIVER AND RELEASE UNDER SECTION 85-7-419, MISSISSIPPI CODE OF 1972.
(2) The following form is the Waiver and Release Upon Final Payment form referred to in Section 85-7-419:
WAIVER AND RELEASE UPON FINAL PAYMENT
STATE OF MISSISSIPPI
COUNTY OF __________
THE UNDERSIGNED MECHANIC AND/OR MATERIALMAN HAS BEEN EMPLOYED BY __________ (NAME OF CONTRACTOR) TO FURNISH __________ (DESCRIBE MATERIALS AND/OR LABOR) FOR THE CONSTRUCTION OF IMPROVEMENTS KNOWN AS __________ (TITLE OF THE PROJECT OR BUILDING) WHICH IS LOCATED IN THE CITY OF __________, COUNTY OF __________, AND IS OWNED BY __________ (NAME OF OWNER) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
(DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.)
UPON THE RECEIPT OF THE SUM OF $__________, THE MECHANIC AND/OR MATERIALMAN WAIVES AND RELEASES ANY AND ALL LIENS OR CLAIMS OF LIENS IT HAS UPON THE FOREGOING DESCRIBED PROPERTY OR ANY RIGHTS AGAINST ANY LABOR AND/OR MATERIAL BOND ON ACCOUNT OF LABOR OR MATERIALS, OR BOTH, FURNISHED BY THE UNDERSIGNED TO OR ON ACCOUNT OF SAID CONTRACTOR FOR SAID PROPERTY.
___________________________________
SIGNATURE
BY: ______________________________
(PRINT NAME)
ITS: _____________________________
(PRINT TITLE)
SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE ____ DAY OF _________, 20__.
___________________________________
NOTARY PUBLIC
NOTICE: WHEN YOU EXECUTE AND SUBMIT THIS DOCUMENT, YOU SHALL BE CONCLUSIVELY DEEMED TO HAVE BEEN PAID IN FULL THE AMOUNT STATED ABOVE, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED THE PAYMENT, SIXTY (60) DAYS AFTER THE DATE STATED ABOVE UNLESS YOU FILE EITHER AN AFFIDAVIT OF NONPAYMENT OR A CLAIM OF LIEN BEFORE THE EXPIRATION OF THE SIXTY-DAY PERIOD. THE FAILURE TO INCLUDE THIS NOTICE LANGUAGE ON THE FACE OF THE FORM SHALL RENDER THE FORM UNENFORCEABLE AND INVALID AS A WAIVER AND RELEASE UNDER SECTION 85-7-419, MISSISSIPPI CODE OF 1972.
___________________________________
SIGNATURE
BY: ______________________________
(PRINT NAME)
ITS: _____________________________
(PRINT TITLE)
SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE ____ DAY OF _________, 20__.
___________________________________
NOTARY PUBLIC
(3) The following form is the Affidavit of Nonpayment referred to in Section 85-7-419:
AFFIDAVIT OF NONPAYMENT
STATE OF MISSISSIPPI
COUNTY OF __________
THE UNDERSIGNED MECHANIC AND/OR MATERIALMAN HAS BEEN EMPLOYED BY __________ (NAME OF CONTRACTOR) TO FURNISH __________ (DESCRIBE MATERIALS AND/OR LABOR) FOR THE CONSTRUCTION OF IMPROVEMENTS KNOWN AS __________ (TITLE OF THE PROJECT OR BUILDING) WHICH IS LOCATED IN THE CITY OF __________, COUNTY OF __________, AND IS OWNED BY __________ (NAME OF OWNER) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
(DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.)
PURSUANT TO SECTION 85-7-419, THE UNDERSIGNED EXECUTED A LIEN WAIVER AND RELEASE WITH RESPECT TO THIS PROPERTY DATED __________, ___. THE AMOUNT SET FORTH IN THE WAIVER AND RELEASE ($__________) HAS NOT BEEN PAID, AND THE UNDERSIGNED HEREBY GIVES NOTICE OF THE NONPAYMENT.
THE ABOVE FACTS ARE SWORN TRUE AND CORRECT BY THE UNDERSIGNED.
___________________________________
SIGNATURE
BY: ______________________________
(PRINT NAME)
ITS: _____________________________
(PRINT TITLE)
SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE ____ DAY OF _________, 20__.
___________________________________
NOTARY PUBLIC
WITHIN TWO (2) DAYS OF FILING THIS AFFIDAVIT OF NONPAYMENT, THE FILING PARTY SHALL SEND A COPY OF THE AFFIDAVIT BY REGISTERED OR CERTIFIED MAIL OR STATUTORY OVERNIGHT DELIVERY TO THE OWNER OF THE PROPERTY. WHENEVER THE OWNER OF THE PROPERTY IS AN ENTITY ON FILE WITH THE SECRETARY OF STATE'S OFFICE, SENDING A COPY OF THE AFFIDAVIT TO THE COMPANY'S ADDRESS OR THE REGISTERED AGENT'S ADDRESS ON FILE WITH THE SECRETARY OF STATE SHALL BE DEEMED SUFFICIENT.
(4) The following form is the Notice of Contest of Lien form referred to in Section 85-7-423:
NOTICE OF CONTEST OF LIEN
STATE OF MISSISSIPPI
COUNTY OF __________
TO: [NAME AND ADDRESS OF LIEN CLAIMANT]
YOU ARE NOTIFIED THAT THE UNDERSIGNED CONTESTS THE CLAIM OF LIEN FILED BY YOU ON __________ 20___, AND RECORDED IN __________ BOOK __________, PAGE __________ OF THE PUBLIC RECORDS OF __________ COUNTY, MISSISSIPPI, AGAINST PROPERTY OWNED BY __________, AND THAT THE TIME WITHIN WHICH YOU MAY COMMENCE A PAYMENT ACTION TO ENFORCE YOUR LIEN IS LIMITED TO NINETY (90) DAYS FROM RECEIPT OF THIS NOTICE. THIS __________ DAY OF __________, 20___.
THIS ABOVE-REFERENCED LIEN WILL EXPIRE AND BE VOID IF YOU DO NOT: (1) COMMENCE A PAYMENT ACTION FOR RECOVERY OF THE AMOUNT OF THE LIEN CLAIM PURSUANT TO SECTION 85-7-405, MISSISSIPPI CODE OF 1972, WITHIN NINETY (90) DAYS FROM RECEIPT OF THIS NOTICE; AND (2) FILE A LIS PENDENS NOTICE OF THE PAYMENT ACTION WITH THE CHANCERY CLERK UPON COMMENCEMENT OF THE PAYMENT ACTION WITH A COPY TO THE LIEN CLAIMANT, OWNER AND CONTRACTOR.
___________________________________
SIGNATURE
BY: ______________________________
(PRINT NAME)
ITS: _____________________________
(PRINT TITLE)
SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE ____ DAY OF _________, 20__.
___________________________________
NOTARY PUBLIC
(5) The following form is the Pre-Lien Notice form referred to in Section 85-7-409(3):
PRE-LIEN NOTICE TO OWNER
TO: [NAME AND ADDRESS OF OWNER]
TAKE NOTICE THAT THE UNDERSIGNED IS A PERSON HAVING A RIGHT TO A LIEN PURSUANT TO SECTION 85-7-403, MISSISSIPPI CODE OF 1972, WHO DOES NOT HAVE A DIRECT CONTRACT WITH THE OWNER, HAS PROVIDED LABOR, SERVICES OR MATERIALS FOR THE IMPROVEMENT OF PROPERTY COMMONLY KNOWN AS _______________________________________________
("THE PROPERTY"), FOR THE SUM OF $_________________ FOR WHICH THE UNDERSIGNED HAS NOT BEEN PAID, AND INTENDS TO FILE A CLAIM OF SPECIAL LIEN ON THE SUBJECT PROPERTY IN TEN (10) OR MORE DAYS FROM THE DATE HEREOF.
SO NOTIFIED, THIS THE ____ DAY OF _____________, 20__.
LIEN CLAIMANT: ____________________________________
(PRINT NAME)
BY: _______________________________________________
(SIGNATURE)
ITS: ______________________________________________
(PRINT TITLE)
SECTION 4. This act shall take effect and be in force retroactively, from the date of the original passage of this title.