HB1034_S_Cmte_Amend

SECTION 1. (1) (a) Except as provided in paragraph (b) of this subsection, 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 collection. 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 subsection (2).

(b) The surcharge imposed in this section does not apply to assignments or substitutions of previously recorded deeds of trust.

(2) There is created in the State Treasury a fund to be known as the Mortgage Lending Fraud Prosecution Fund. The purpose of the fund is to support prosecution of fraudulent activities related to mortgage lending fraud as set forth in subsection (1). Only the Director of the Department of Finance and Administration or the director's designee may authorize expenditures from the account. The Department of Banking and Consumer Finance, in consultation with the Attorney General, shall develop rules for the use of these funds to pursue criminal prosecution of fraudulent activities within the mortgage lending process.

SECTION 2. A surcharge of Two Dollars and Twenty-five Cents ($2.25) shall be charged by the chancery clerk at the time of recording of each deed, will, lease, amendment, subordination, lien, release, cancellation, order, decree, oath, deed of trust, oil and gas lease, and assignment of oil and gas lease, which will be in addition to any other charge authorized by law. The chancery clerk shall retain Twenty-five Cents (25¢) to administer collection. The remaining funds shall be transmitted monthly to the State Treasurer who shall deposit the funds into the Fisheries and Wildlife Fund created under Section 49-5-21.

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

Fisheries and Wildlife Fund surcharge imposed

under Section 2 of House Bill No. 1034, 2007

Regular Session....................................... $ 2.25

(ii) Sectional index entries per section or subdivision lot $ 1.00

(iii) Recording each cancellation

per deed of trust..................................... $ 10.00

Each additional page........................ $ 1.00

Sectional index entries per section or subdivision

lot................................................... $ 1.00

Mortgage Lending Fraud Prosecution Fund surcharge

imposed under Section 1 of House Bill No. 1034, 2007

Regular Session....................................... $ 1.25

Fisheries and Wildlife Fund surcharge imposed

under Section 2 of House Bill No. 1034, 2007

Regular Session....................................... $ 2.25

(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

Fisheries and Wildlife Fund surcharge imposed

under Section 2 of House Bill No. 1034, 2007

Regular Session....................................... $ 2.25

(iii) Recording each oil and gas

assignment per assignee............................... $ 18.00

Fisheries and Wildlife Fund surcharge imposed

under Section 2 of House Bill No. 1034, 2007

Regular Session....................................... $ 2.25

(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

(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.