2013 Mississippi Code
§ 89-3-1 - Acknowledgment or proof necessary to recording

MS Code § 89-3-1 (2013) What's This?

(1) Except in cases governed by the Uniform Commercial Code, the provisions of Sections 89-5-101 through 89-5-113, or otherwise specially provided for by law, the execution of a written instrument of or concerning the sale of lands, whether the same be made for passing an estate of freehold or inheritance, or for a term of years, or for any other purpose, or any writing conveying personal estate, shall be acknowledged or proved, and the acknowledgment or proof duly certified by an officer competent to take the same in the manner directed by this chapter.

(2) Unless an instrument is acknowledged or proved as provided in subsection (1) of this section, the clerk's office may refuse to admit the instrument to record. However, if an instrument is not so acknowledged or proved but is otherwise admitted to record, then all persons shall be on constructive notice of the contents of the instrument.

(3) The provisions of subsection (2) of this section shall apply to all instruments of record on or after July 1, 2011. However, if the relative priorities of conflicting claims to real property were established before July 1, 2011, then the law applicable to those claims at the time those claims were established shall determine their priority.

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