Mississippi Lien: A Complete Guide to Liens in the State

A lien is a claim granted by the court for a creditor and recorded against a debtor’s property to secure repayment of a debt or obligation. Once filed, it provides creditors with legal rights to prevent debtors from selling or transferring ownership of their property until the lien is resolved.

What Is a Lien in Mississippi?

In Mississippi, a lien is a creditor’s legal right to claim an interest or security in a debtor’s property until repayment is made. According to the state lien laws, it may be attached to real property (such as homes, land, or commercial buildings) or personal property (including vehicles, equipment, or other assets). Once recorded, liens become part of the public record. They are kept in the Secretary of State’s Office, county clerk’s office, or Circuit Court Clerks. This record becomes available to interested individuals, potential buyers, lenders, and title companies.

Types of Liens in Mississippi

There are different types of liens in Mississippi based on the type of property covered, but common ones include:

1. Property Tax Liens - These are claims placed on a property by the government when individuals or corporations fail to pay their property taxes. These liens take priority and may lead to tax sales or foreclosure of the property.
2. Mechanic’s or Materialman’s Liens - These are filed by contractors, subcontractors, or building professionals who have not been paid for labor or materials in the state. The contractors must enforce the lien within 180 days from the time the lien was filed at the county office. Mississippi law forces the debtors to pay their debts and comply with the rules of liens.
3. Judgment Liens - These are judgments granted by a court for a creditor that are recorded against the debtor’s real estate. Judgment liens are attached to the debtor's property once they are filed in the appropriate county. The lien is effective from the date of the judgment.
4. Mortgage Liens - These are legal claims placed on a property by a lender as part of an agreement to secure a mortgage loan. They remain active until the mortgage is fully paid and released. If the lien is unpaid before the property is sold to a new owner, such owner must satisfy the lien.

How to Search for Liens in Mississippi

The Mississippi Public Records Act classifies lien records as public records and allows interested individuals to access them through:

• Chancery Clerk’s Offices: Every county has a chancery clerk who maintains property and lien filings. Individuals may search the lien documents through the owner's name, parcel number, or property address.
• Online County Databases: Some counties, such as Hinds, Harrison, and DeSoto, provide online portals that allow individuals to access lien and property records.
• Mississippi Judiciary Case Records: The public may access judgment liens from the state court database.
• Title Companies and Third-Party Services: Certain companies and organizations offer lien searches, especially in real estate closings. Users are liable to risk, as these are examples of unofficial records.

Lien Records in Major Mississippi Cities

Individuals may find the lienholder’s name, debt amount, filing date, and property description. Liens are filed at the county, so individuals must search for them at the county offices. Examples include:

• Jackson (Hinds County): Lien records are maintained by the Hinds County Chancery Clerk, with both online and in-person access.
• Gulfport (Harrison County): Harrison County offers property and lien searches to the public through the Chancery Clerk’s office.
• Southaven (DeSoto County): DeSoto County Chancery Clerk manages lien and property filings in the county and allows the public to view them electronically.
• Biloxi (Harrison County): The public must contact the Harrison County Chancery Clerk’s office for lien records.
• Hattiesburg (Forrest County): Lien records are available for interested individuals at the Forrest County Chancery Clerk’s Office.

How Long Does a Lien Stay on Property in Mississippi?

In Mississippi, whether a lien stays long on a property depends on the type of lien:

• Property Tax Liens: These liens remain on the property until they are paid or the property is sold at a tax sale. The redemption periods typically last 2 years.
• Mechanic’s Liens: These liens are required by law to be enforced within 12 months of filing, or they will expire.
• Judgment Liens: They are valid for seven years, with the possibility of renewal before the lien expires or if the judgment remains unpaid.
• Mortgage Liens: The liens are active on the real estate or property until the loan is fully paid and a release is recorded.
• Tax Liens (Federal): Federal liens typically last 10 years.

How to Remove a Lien in Mississippi

Liens are required by law to be removed from a property in Mississippi when they meet certain conditions. Common methods to do so include:

• Paying the Debt in Full: A fully repaid debt for a lien warrants the termination of the lien. The lienholder must issue a release to the property owner and file it with the chancery clerk’s office.
• Negotiating a Settlement: Sometimes, creditors may accept partial repayment or structured plans from the debtors.
• Court Petition: Debtors (property owners) may seek removal of liens if they believe they are fraudulent, invalid, or improperly filed liens in a court.

Liens in Mississippi are a crucial legal mechanism that protects creditors and enforces obligations on the debtors (property owners). There are strict rules for liens in Mississippi, and interested individuals may consult a chancery clerk, title company, or an attorney for more information.