Every conveyance, covenant, agreement, bond, mortgage, and deed of trust shall take effect, as to all creditors and subsequent purchasers for a valuable consideration without notice, only from the time when delivered to the clerk to be recorded; and no conveyance, covenant, agreement, bond, mortgage, or deed of trust which is unrecorded or has not been filed for record, shall take precedence over any similar instrument affecting the same property which may be of record, to the end that with reference to all instruments which may be filed for record under this section, the priority thereof shall be governed by the priority in time of the filing of the several instruments, in the absence of actual notice.
Codes, Hutchinson's 1848, ch. 42, art. 1 (5); 1857, ch. 36, art. 23; 1880, § 1213; 1892, § 2458; 1906, § 2788; Hemingway's 1917, § 2292; 1930, § 2148; 1942, § 869; Laws, 1924, ch. 239.
Notes of Decisions
The Pennington Grp., LLC v. Priority One Bank, 228 So. 3d 880 (Miss. Ct. App. 2017).
“” Miss. Code Ann. § 89-5-5 (Rev. 2011). A “deed of trust shall take' effect,' as to all creditors and subsequent purchasers for a valuable consideration without notice, only from the time when delivered to the clerk .”
Shutze v. Credithrift of Am., Inc., 607 So. 2d 55 (Miss. 1992).
“Indeed, our question is not which lien came first. All admit that the lien of Credithrift's April 8, 1981, deed of trust has priority over Shutze's October 23, 1984, judgment lien.”
Henderson v. Bank of Am., N.A. (In re Simmons), 510 B.R. 76 (Bankr. S.D. Miss. 2014).
“on without notice, only from the time when delivered to the clerk to be recorded; and no conveyance, covenant, agreement, bond, mortgage, or deed of trust which is unrecorded or has not been filed for record, shall take precedence over any similar instrument affecting the same…”
McMillan v. Aru, 773 So. 2d 355 (Miss. Ct. App. 2000).
“; see also Miss.Code Ann. § 89-5-5 (Rev 1999)(priority of instruments dates from its filing with chancery clerk "as to all creditors and subsequent purchasers .”
Elmore v. Shadow Ridge Farms, LLC (S.D. Miss. 2020).
· cites it 2× “Miss. Code Ann. § 89-5-5 (1972). While each party claims that the other’s deed of trust did not constitute a purchase money mortgage, § 89-1-45 makes clear that both deeds of trust constitute purchase money liens.”
Loblolly Props. LLC v. Le Papillon Homeowner's Ass'n Inc. (Miss. Ct. App. 2022).
· cites it 2× “” Miss. Code Ann. § 89-5-5 (Rev. 2021). As the Mississippi Supreme Court has explained, [o]nce properly filed for record, the deed of trust is entitled to priority according to date of filing.”
Cheryl B. White v. Edgar Truman Whitehead, Ruby E. Whitehead, Robert L. Thomas, Citizens Bank of Philadelphia, Carol B. Taff, Bethel Baptist Church, Thomas R. Boydstun, Leah H. Boydstun, Ben Kirk, James M. Whitehead, Alyssa Cameron Whitehead, Kevin E. Whitehead, Tami H. Whitehead, Gary M. Whitehead, Carol Whitehead, Bankfirst Fin. Servs., & Timothy L. Gowan; (Miss. Ct. App. 2020).
“2017) (quoting Miss. Code Ann. § 89-5-5 9 (Rev. 2011)). In Smith v.”
Tally Arms Condo. Ass'n v. Breland, 854 So. 2d 28 (Miss. Ct. App. 2003).
“Miss.Code Ann. § 89-5-5 (Rev.1999). Contracts regarding land also may be filed and thereafter are notice.”
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