MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary A
By: Representative Baker
AN ACT TO AMEND SECTION 89-1-29, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A MILITARY DEPLOYMENT-CONTINGENT POWER OF ATTORNEY PREPARED IN ACCORDANCE WITH 10 USC 1044(B) WHICH DESIGNATES THE SPOUSE AS THE ATTORNEY SHALL BE AN EXCEPTION TO THE GENERAL PROHIBITION AGAINST DESIGNATING THE SPOUSE AS THE ATTORNEY IN FACT WHEN AUTHORIZING THE CONVEYANCE, MORTGAGE, DEED OF TRUST OR OTHER ENCUMBRANCE UPON A 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 * * * encumbrance upon a homestead
exempted from execution shall not be valid or binding unless signed by the
spouse of the owner if the owner is 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 has been adjudicated incompetent, then the
owner of the homestead may file a petition in the chancery court and allege in
the petition the incompetence of the spouse and the adjudication of
incompetency of the spouse and the facts of the case. The summons for the
spouse who has been adjudicated incompetent shall be issued and be served in
the same manner as process is served in other cases on persons who are
incompetent. The court shall hear the case in vacation or in termtime as in
other cases, and if the court finds the spouse to be incompetent 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 * * * encumbrance 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 * * *
encumbrance upon a homestead shall designate an attorney in fact other
than the spouse and shall comply with the provisions of Chapter 3 of Title 87,
except a military deployment-contingent power of attorney prepared in
accordance with 10 USC 1044(b) which designates the spouse as the attorney in
fact for the purpose of authorizing the conveyance, mortgage, deed of trust or
other encumbrance upon a homestead is effective for such purpose.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.