MS House Bill 928 | NNA

MS House Bill 928

Notary Law Update: MS House Bill 928

State: Mississippi

Summary:

House Bill 928 creates a “scrivener’s affidavit” for the purpose of correcting certain errors in documents affecting the title to real property that are recorded with a county recorder. The scrivener’s affidavit is required to be sworn and acknowledged before a Notary or notarial officer.

Signed:  May 25, 2013

Effective:  May 25, 2013

Chapter: TBD

Affects:

Amends Section 89-5-8 of the Mississippi Code

Changes:
  1. Allows a scrivener's affidavit to be recorded to correct an error on a recordable instrument affecting title to real property if it is conspicuously identified as an affidavit of a scrivener’s error.
  2. Requires the scrivener's affidavit to be acknowledged and sworn to before a Notary or other officer authorized to administer oaths.
Analysis:
Similar to a bill recently enacted in Arkansas during the current legislative session, Mississippi has enacted HB 928 which allows a “scrivener’s error affidavit” to be completed, executed, notarized and recorded in the land records to correct information in an instrument affecting the title to real property. HB 928 prescribes that only an attorney who was involved in preparing a document in the chain of title to the real property in question may prepare the scrivener’s affidavit. Prior to recordation, the
scrivener’s affidavit must be sworn and acknowledged before a Notary or other officer authorized to administer oaths.
 

Knowledge Center