MISSISSIPPI LEGISLATURE
2007 Regular Session
To: Banking and Financial Services
By: Representative Guice
AN ACT TO PROVIDE A SURCHARGE ON DEED OF TRUST FILINGS FOR MORTGAGE LENDING FRAUD PROSECUTION; TO CREATE THE MORTGAGE LENDING FRAUD PROSECUTION FUND; TO AMEND SECTION 25-7-9, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Except as provided in subsection (2) of this section, a surcharge of One Dollar and Twenty-five Cents ($1.25) shall be charged by the chancery clerk at the time of recording of each deed of trust, which will be in addition to any other charge authorized by law. The chancery clerk shall retain Twenty-five Cents ($.25) to administer the collection of the surcharge. The remaining funds shall be transmitted monthly to the State Treasurer, who shall deposit the funds into the Mortgage Lending Fraud Prosecution Fund created in Section 2 of this act. The Department of Finance and Administration is responsible for the distribution of the funds in the Prosecution Fund and shall, in consultation with the Attorney General and local prosecutors, develop rules for the use of these funds to pursue criminal prosecution of fraudulent activities within the mortgage lending process.
(2) The surcharge imposed in this section does not apply to assignments or substitutions of previously recorded deeds of trust.
(3) This section shall stand repealed on July 1, 2009.
SECTION 2. The Mortgage Lending Fraud Prosecution Fund is created as a special fund in the State Treasury. All receipts from the surcharge imposed in Section 1 of this act, except those retained by the chancery clerk for administration, shall be deposited into the special fund. Expenditures from the special fund shall be made only upon appropriation of the Legislature, and may be used only for criminal prosecution of fraudulent activities within the mortgage lending process. Only the Executive Director of the Department of Finance and Administration or the director's designee may authorize expenditures from the special fund.
This section shall stand repealed on July 1, 2009.
SECTION 3. Section 25-7-9, Mississippi Code of 1972, is amended as follows:
25-7-9. (1) The clerks of the chancery courts shall charge the following fees:
(a) For the act of certifying copies of filed documents, for each complete document............................ $ 1.00
(b) (i) Recording deeds, wills, leases, amendments, subordinations, liens, releases, cancellations, orders, decrees, oaths, etc., including indexing; for the first fifteen (15)
pages................................................. $ 10.00
Each additional page........................ $ 1.00
(ii) Sectional index entries per section or subdivision lot....................................... $ 1.00
(iii) Recording each cancellation
per deed of trust..................................... $ 10.00
(c) Recording deeds of trust, for the first fifteen (15) pages................................................. $ 15.00
Each additional page........................ $ 1.00
Sectional index entries per section or subdivision
lot................................................... $ 1.00
Mortgage Lending Fraud Prosecution Fund
surcharge, which is authorized until July 1, 2009..... $ 1.25
(d) (i) Recording oil and gas leases,
cancellations, etc., including indexing in general
indices; for the first fifteen (15) pages ............ $ 18.00
Each additional page........................ $ 1.00
(ii) Sectional index entries per section or subdivision lot....................................... $ 1.00
(iii) Recording each oil and gas
assignment per assignee............................... $ 18.00
(e) Furnishing copies of any papers of record or on file and entering marginal notations on documents of record:
If performed by the clerk or his employee,
per page.............................................. $ .50
If performed by any other person, per page....... $ .25
(f) For each day's attendance on the board of supervisors, for himself and one (1) deputy, each.................. $ 20.00
(g) For other services as clerk of the board of supervisors an allowance shall be made to him (payable semiannually at the July and January meetings) out of the county treasury, an annual sum not exceeding............................................. $3,000.00
(h) For each day's attendance on the chancery court, to be approved by the chancellor:
For the first chancellor sitting only, clerk and two (2) deputies, each........................................ $ 50.00
For the second chancellor sitting, clerk only.... $ 50.00
Provided that the fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court.
(i) On order of the court, clerks and not more than two (2) deputies may be allowed five (5) extra days for each term of court for attendance upon the court to get up records.
(j) For public service not otherwise specifically provided for, the chancery court may by order allow the clerk to be paid by the county on the order of the board of supervisors, an annual sum not exceeding............................................. $5,000.00
(k) For each civil filing, to be deposited into the Civil Legal Assistance Fund................................. $ 5.00
The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same. No person shall be required to pay such fees until same have been so itemized, but said fees may be demanded before the document is recorded.
(2) In accordance with Uniform Chancery Court Rule 9.01 as approved by Order of the Mississippi Supreme Court, the following fees shall be a total fee for all services performed by the clerk with respect to a complaint which shall be payable upon filing and shall accrue to the chancery clerk at the time of filing. The clerk or his successor in office shall perform all duties set forth without additional compensation or fee to wit:
(a) Divorce to be contested................... $75.00
(b) Divorce uncontested....................... $30.00
(c) Alteration of birth or marriage certificate$25.00
(d) Removal of minority....................... $25.00
(e) Guardianship or conservatorship........... $75.00
(f) Estate of deceased, intestate............. $75.00
(g) Estate of deceased, testate............... $75.00
(h) Adoption.................................. $75.00
(i) Land dispute.............................. $75.00
(j) Injunction................................ $75.00
(k) Settlement of small claim................. $30.00
(l) Contempt in child support................. $75.00
(m) Partition suit............................ $75.00
(n) Any cross-complaint....................... $25.00
(3) For every civil case filed, an additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14...................... $10.00
(4) Cost of process shall be borne by the issuing party. Additionally, should the attorney or person filing the pleadings desire the clerk to pay the cost to the sheriff for serving process on one (1) person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.
SECTION 4. This act shall take effect and be in force from and after July 1, 2007.