In Mississippi, liens filed on private property are known as Mississippi construction liens or mechanics liens. When a Mississippi mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. In Mississippi there are no lien rights on public property.
In Mississippi, only those with a contract with the owner can file a Mississippi construction lien. First tier subcontractors and suppliers can file a stop notice, which requires the owner to hold back money from its contractor. It is inoperative if there is a bond on the project. Mississippi mechanics liens can include attorneys fees. There are no Mississippi mechanics lien rights for those providing rental equipment.
Mississippi mechanics lien Notices must be filed within 12 months from the time when the claim becomes due and payable.
Are pre-lien notices for a Mississippi mechanics’ lien Claim required?
No, but it is prudent for subcontractors to record their written contract in the Chancery Clerk’s office in the county where the project is located. This gives the owner actual or constructive notice that the subcontractor is a potential claimant. LienItNow.com will handle the recording of the contract for subcontractors for a fee of $50.00.
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