MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary A

By: Representative Snowden

AN ACT TO AMEND SECTION 89-1-29, MISSISSIPPI CODE 1972, TO AUTHORIZE A LIMITED POWER OF ATTORNEY IN CONVEYANCE OF HOMESTEAD; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 89-1-29, Mississippi Code of 1972, is amended as follows:

89-1-29. A conveyance, mortgage, deed of trust or other incumbrance upon a homestead exempted from execution shall not be valid or binding unless signed by the spouse of the owner if the owner be married and living with the spouse or by an attorney in fact for the spouse. But where the spouse of the owner of the homestead exempted from execution is insane and a writ of inquiry of lunacy of the spouse has been sued out and the lunacy of the spouse has been adjudged under the writ, then the owner of the homestead, may file a petition in the chancery court and allege therein the insanity of the spouse and the adjudication of insanity of the spouse under the writ of inquiry of lunacy and the facts of the case. The summons for the spouse, the insane person, shall be issued and be served in the same manner as process is served in other cases on insane persons, and the court shall hear the case in vacation or in termtime as in other cases, and if the court finds the spouse to be insane and the owner entitled to relief, the court by decree shall authorize and empower the owner, to execute a conveyance, mortgage, deed of trust or other incumbrance upon the homestead without the signature of the spouse. However, no mortgage or deed of trust executed in favor of the Farmers Home Administration at the time of the purchase of real estate to secure the payment of the money used to purchase the real estate shall be invalid because it is not signed by the spouse of the owner. All powers of attorney authorizing any conveyance, mortgage, deed of trust or other incumbrance upon a homestead (a) shall designate an attorney in fact other than the spouse; (b) shall comply with the provisions of Chapter 3 of Title 87, Mississippi Code of 1972; (c) shall clearly indicate in conspicuous and bold print or type appearing on the face of the letter, document or other instrument establishing the power of attorney that the principal, by execution of such instrument, authorizes the attorney in fact to convey to another any and all right, title and interest that the principal has or may claim in such property, including any right to claim the homestead as exempt from seizure or sale under execution or attachment; and (d) shall not be valid or binding for more than thirty (30) days after the date of the execution of such power of attorney.

SECTION 2. This act shall take effect and be in force from and after its passage.