Construction Liens in Mississippi
Contents
Overview
Sources
Miss. Code Ann. §§ 85-7-403 et seq.
Authorized Claimants
The persons identified in this Section shall each have a special lien on the real estate or other property for which they furnish labor, services or materials for the improvement of real estate for which the labor, services or materials are furnished if they are furnished at the instance of the owner, design professional or contractor or a subcontractor having direct privity of contract with a contractor, and shall include the value of work done and labor, services or materials furnished. ( Miss. Code Ann. § 85-7-403)
Lien Priority
a construction lien shall have priority over all other liens, deeds of trust, mortgages or encumbrances filed after the date and time of the filing of the notice of lien in the office of the chancery clerk of the county in which the land is located. All liens, deeds of trust, mortgages and encumbrances filed before the date and time of the filing of the notice of construction lien shall have priority over the construction lien, whether the work secured by the lien was performed before or after the filing of the lien A construction lien is subordinate to a construction mortgage if the construction mortgage is filed in the land records before a notice of a claim of lien is filed (Miss. Code Ann. § 85-7-405 (b) and (c))
Notices and Registries
Filing Deadlines
To make good a lien created in Section 85-7-403(1), it must be created and declared in accordance with the following provisions, (b) The filing for record of the claim of lien in the office of the clerk of the chancery court of the county where the property is located within ninety (90) days after the claimant's last work performed, labor, services or materials provided, the furnishing of architectural services, or the furnishing or performing of surveying or engineering services (Miss. Code Ann. § 85-7-405(1)(b))
Enforcement Deadlines
Failure of a lien claimant to commence a payment action to collect the amount of his or her claim within one hundred eighty (180) days from the date of filing the lien renders the claim of lien unenforceable. (Miss. Code Ann. § 85-7-421 (1))
