Senate Bill 2091

AN ACT TO AMEND SECTION 89-5-19, MISSISSIPPI CODE OF 1972, TO DELETE AN EXCEPTION TO THE EXPIRATION OF A LIEN WHERE A NOTATION HAD BEEN MADE ON THE JUDGMENT ROLL WITHIN 6 MONTHS AFTER THE EXPIRATION OF 7 YEARS FROM THE TIME OF THE RENDITION OF THE JUDGMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 89-5-19, Mississippi Code of 1972, is amended as follows:

89-5-19. Where the remedy to enforce any mortgage, deed of trust, or other lien on real or personal property which is recorded, appears on the face of the record to be barred by the statute of limitations (which, as to a series of notes or a note payable in installments, shall begin to run from and after the maturity date of the last note or last installment), the lien shall cease and have no effect as to creditors and subsequent purchasers for a valuable consideration without notice, unless within six (6) months after such remedy is so barred the fact that such mortgage, deed of trust, or lien has been renewed or extended be entered on the margin of the record thereof, by the creditor, debtor, or trustee, attested by the clerk, or a new mortgage, deed of trust, or lien, noting the fact of renewal or extension, be duly filed for record within such time. If the date of final maturity of such indebtedness so secured cannot be ascertained from the face of the record the same shall be deemed to be due one (1) year from the date of the instrument securing the same for the purpose of this section. And where a suit shall have been brought to keep a judgment alive within seven (7) years from the rendition of such judgment, the general lien of such judgment shall expire as to creditors and subsequent purchasers for a valuable consideration, without notice, at the end of seven (7) years from the rendition of such judgment, notwithstanding such suit to keep alive the judgment * * *.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.