Mississippi Code
Miss. Code Ann. § 11-47-3 (2026)
Notice of suit affecting real estate recorded
✓ current as of July 2026
When any person shall begin a suit in any court, whether by declaration or bill, or by cross-complaint, to enforce a lien upon, right to, or interest in, any real estate, unless the claim be founded upon an instrument which is recorded, or upon a judgment duly enrolled, in the county in which the real estate is situated, such person shall file with the clerk of the chancery court of each county where the real estate, or any part thereof, is situated, a notice containing the names of all the parties to the suit, a description of the real estate, and a brief statement of the nature of the lien, right, or interest sought to be enforced. The clerk shall immediately file and record the notice in the lis pendens record, and note on it, and in the record, the hour and day of filing and recording.
Codes, 1892, § 2783; 1906, § 3148; Hemingway's 1917, § 2499; 1930, § 2325; 1942, § 755.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1979–2022 · leading case: Hooker v. Greer, 81 So. 3d 1103 (Miss. 2012).
Hooker v. Greer, 81 So. 3d 1103 (Miss. 2012). “See Miss.Code Ann. §§ 11-47-3, 11-47-9 (Rev.2002).”
Henderson v. Bank of Am., N.A. (In re Simmons), 510 B.R. 76 (Bankr. S.D. Miss. 2014). “y cross-complaint, to enforce a lien upon, right to, or interest in, any real estate, unless the claim be founded upon an instrument which is recorded, or upon a judgment duly enrolled, in the county in which the real estate is situated, such person shall file with the clerk of…”
Dunaway v. WH Hopper & Assocs., Inc., 422 So. 2d 749 (Miss. 1982). “The former suit involved an attempt to place a lis pendens notice on adjoining property pursuant to section 11-47-3 of the Mississippi Code Annotated (1972) (notice of suit affecting real estate recorded).”
Aldridge v. Aldridge, 527 So. 2d 96 (Miss. 1988). “" Miss. Code Ann. § 11-47-3 (1972) provides: When any person shall begin a suit in any court, whether by declaration or bill, or by cross-complaint, to enforce a lien upon, right to, or interest in, any real estate, unless the claim be founded upon an instrument which is…”
Greenpoint Mortg. Funding, Inc. v. Schlossberg, 888 A.2d 297 (Md. 2005). “The court then examined Mississippi’s several relevant lis pendens statutes, among them Miss.Code Ann. § 11-47-3 (1972), which stated: “When any person shall begin a suit in any court, whether by declaration or bill, or by cross-complaint, to enforce a hen upon, right to, or…”
Paula W. Crosby v. Kathryn Adele Mittelstaedt, 186 So. 3d 415 (Miss. Ct. App. 2016). “” He also-found that they violated the settlement agreement and Mississippi Code Annotated section 11-47-3 by filing* a new lis pendens without leave of the court.”
Tommie L. Huey v. Lemorris Strong, 206 So. 3d 547 (Miss. Ct. App. 2016). “[[Image here]] While the filing of the lis pendens notice itself does not constitute an “action” subject to the LAA, a defense to an action to remove a lis pendens, filed without substantial justification, may form the basis of an award under the LAA.”
Gordon v. Gordon, 929 So. 2d 981 (Miss. Ct. App. 2006). “Miss. Code Ann. § 11-47-3 (Rev.2002) (emphasis added).”
All Am. Processing, Inc. v. Ruckdeschel, 75 So. 3d 59 (Miss. Ct. App. 2011). “The evidence shows that the Ruckdeschels employed Mississippi Code Annotated section 11-47-3 (Rev.2002) in obtaining the lis pendens at issue.”
Guar. Mortg. Co. of Nashville v. Seitz, 367 So. 2d 438 (Miss. 1979). “Our holding may be summarized as follows: Guaranty Mortgage did not use reasonable diligence in disbursing the construction loan to Watkins Investments for the construction of the Starkville Shopping Center and was entitled to a lien superior to the materialmen only in the…”
WH Hopper & Assocs., Inc. v. Dunaway, 396 So. 2d 43 (Miss. 1981). “The lis pendens statute is as follows: Mississippi Code 1972 Annotated, Section 11-47-3: When any person shall begin a suit in any court, whether by declaration or bill, or by cross-complaint, to enforce a lien upon, right to, or interest in, any real estate, unless the claim be…”
Guar. Mortg. Co. of Nashville v. Seitz, 367 So. 2d 438 (Miss. 1979). “Our holding may be summarized as follows: Guaranty Mortgage did not use reasonable diligence in disbursing the construction loan to Watkins Investments for the construction of the Starkville Shopping Center and was entitled to a lien superior to the materialmen only in the…”
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