Mississippi Lien Search

A Mississippi Lien Search provides a way for individuals to determine if there are legal encumbrances or claims on a property in the state. In Mississippi, a lien search helps determine if an asset is used as collateral for debts and obligations. A lien search is important for:

• Real estate transactions
• Lending process, and
• Assessing financial transactions linked to properties and individuals.

What is a Lien in Mississippi

In Mississippi, a lien is a legal right an entity has over a property. It is a security or collateral against a debt or an obligation. A Mississippi Lien:

• Serves as security, collateral, or legal claim against a property if a debtor or an individual fails in their obligations
• Is a public record and, depending on the type, may be kept in the Secretary of State's Office, the County Clerk's Office, or other agencies with relevant authorization 
• Is tied to debts or obligations of a property owner which may include
• Unpaid property taxes and bills 
• Court-awarded judgments, and
• Financial obligations.
• Establishes the priority in which a property is sold or foreclosed. If there is a default, priority may be determined by the recording date. Precedence is given to earlier recordings over later ones. 
• Is attached to a property rather than an individual and remains with the property even when there is a change of ownership
• Enforces the legal right of the lienholder to make claims against the property through foreclosure, repossession, or other legal means if the property owner defaults in payments.

Types of Liens in Mississippi

Based on the breadth of property covered,  there are two broad categories of lien in Mississippi, these are general lien and specific lien. 

General Liens in Mississippi

General liens attach to all or most of an individual's assets rather than a particular property. General liens real estate claims in the event of default cover all the debtor's assets, including personal properties within a jurisdiction. If a debtor defaults or is in breach, the lienholder has legal rights to sue, seize, or foreclose all the debtor's assets to recover such debt.

Specific Liens

Specific liens are linked to a particular asset. With specific liens, claims can only be made against the property attached to the lien. Examples of specific liens include:

• Real property tax lien

• Mortgage lien

• Mechanic's lien

• Artisan's lien

• Watercraft lien, and

• Car loan lien.

Notwithstanding the classification above, Mississippi liens can also be categorized based on the origin, agreement, or legal provisions that give rise to them. For instance, liens in Mississippi can fall into the following categories:

• Consensual or voluntary liens

• Involuntary liens, and 

• Statutory liens.

Consensual vs Involuntary Liens

Consensual (voluntary) liens and involuntary liens are two categories of Mississippi liens. The table below outlines the differences between consensual and involuntary liens in Mississippi.

Statutory Liens

Statutory liens (or involuntary liens) are created by legal provisions of the law and imposed on property owners without a contract, consent, or mutual agreement. In Mississippi, statutory liens are imposed by the federal, state, and local governments to secure payments for tax, fines, fees, utility bills, and other obligations. Mississippi Statutory liens have legal basis, requirements, and limitations. Examples of statutory liens include tax lien, construction lien, judgment lien, and mechanics lien.

What is a Tax Lien in Mississippi

Tax liens in Mississippi are legal claims placed on the property by the local government for unpaid property taxes. In Mississippi, tax liens are means through which the government enforces payment of delinquent property taxes. When property taxes are unpaid, the local tax authority has the legal right to impose tax liens.

Mississippi tax liens are supported by state and federal laws, including;

• Mississippi Code Annotated, Title 27, Chapter 41 - Tax Sales
• Mississippi Code Annotated, Title 27, Chapter 45 - Redemption of Land Sold for Taxes
• Mississippi Code Annotated, Title 27, Chapter 39 - Taxes on Land Generally:
• Mississippi Code Annotated, Title 27, Chapter 43 - Deeds to Land Sold for Taxes
• Internal Revenue Service Code IRS 5.17.2.

Mississippi tax liens are public records accessible to interested individuals under the Mississippi Public Records Act (MPRA). This simply means that for information on tax liens for a specific property in Mississippi, Interested persons can contact the County tax collector's office where such property is located.

Mississippi Tax Lien Search

To check liens on property in Mississippi, the following steps will help:

• Identify the county where the property is located - Tax liens are recorded at the local level, and the best place to start a tax lien search in Mississippi is at the county
• Contact the local county's tax collector office - Information on the contact address may be available through the county office or their official website 
• Provide information to help locate the specific property records (this can be the property's address or parcel number).

Mississippi tax lien information may also be available through online databases. Interested individuals can log in to the relevant county's website and check for information on available properties. Also, online information on Mississippi tax lien is available through the State Tax Lien Registry of the Mississippi Department of Revenue.

Other ways to search for Mississippi tax lien include

• An in-person visit to the County Recorder's Office where the property is located, and
• Public notices in local newspapers or counties’ official websites.

Federal Tax Lien Search

Federal tax lien information may be available through the Internal Revenue Service (IRS). For federal tax lien lookup, the following steps may be helpful:

• Log on to the IRS website and navigate to the Lien section to access the Federal Tax Lien Search tool
• Provide the necessary accurate information required for the search. For example, the name of the individual or business under consideration to narrow the search
• Review the search results and if there is a positive outcome and take note of 
• The lien filing date
• The amount owed to the government, and
• The address of the IRS office that filed the lien.

For a comprehensive search, federal tax lien lookup can be done locally through the county recorder's office where the taxpayer resides. Also, information on federal tax lien may be available through public records such as legal filings, notices, and newspapers.

What is a Lien on Property in Mississippi

A lien on a property in Mississippi is an encumbrance or legal claim that gives a creditor the right to seize, foreclose, or sell the property if the owner defaults in debt repayment or does not meet certain financial obligations. Property liens are legal security safeguards put in place by creditors to make sure that individuals meet their debt and obligations when due. Putting a lien on a property in Mississippi is legally backed by federal and state laws.

Who can put a lien on a property?

Several entities can put a lien on a property under varying circumstances. In Mississippi, the following entities have the authority to place a lien on a property under some specific legal requirements:

• Creditors with consensual lien - Debtors who secure loans using their properties as collateral may have those properties repossessed if there is a default in repayment. For instance, a lender may place a voluntary lien on a car loan or home equity loan
• Mortgage lenders - A lender can place a lien on a property as security for mortgage repayment
• Government agencies may place a lien on a property to enforce property tax payments
• Judgment creditors who obtain court order can put a lien on a debtor's property to recover debts
• Homeowners Association (HOA) can place a lien on a property if the owner fails to pay dues or assessment fees to the association
• Contractors can file a mechanics lien on a property if their wages are not paid for work done.

How to put a lien on a property in Mississippi

The process of putting a lien on a property in Mississippi depends on the type of lien. The list below gives a general overview of how to place different types of liens on a property:

Mechanics lien

• Notice of intent - Typically, the contractor or subcontractor will notify the property owner and other relevant persons of the intention to lien if the debt is not settled
• File the lien at the county office where the property is located if the debt is not settled within 30 days
• Notify the property owner after filing the lien.

Mortgage lien

• Establish a loan agreement - A mortgage lien may result from a mortgage loan. A lender may establish a mortgage lien as part of a loan agreement
• Record the mortgage lien as a public record at the County Recorder's Office where the property is located to make it a public record
• Initiate foreclosure on the property if the debtor fails to meet the repayment agreement

Tax lien

• Delinquent tax - A county tax collector may put a lien on a property for unpaid property taxes. The property owner is notified of the lien. In some cases, the tax lien on a property may be sold to a third party, who will either collect on the debt or repossess the property.

Some types of property liens, like judgment liens and voluntary financing agreements, may require legal backing from the court. If in doubt about the legal provisions for placing liens on properties in Mississippi, seek the advice of a Mississippi-licensed legal professional.

How to Find a Lien on Property in Mississippi

There are several ways to find liens on a property in Mississippi. The steps below outline where and how to make effective checks for liens on property in Mississippi.

Through County Recorder's Offices

• Identify and visit the county recorder's office where the property is located
• Request records on property liens in their possession
• Check the indexes to identify the relevant property records that may contain the documents.

Visit the Local Tax Assessor's Office

• Mississippi property liens are public records and can be accessed on request. To check for outstanding tax liens on Mississippi properties, contact the tax assessor's office at the county where the property is situated.

By Contacting real estate professionals

• Seek assistance from industry professionals. Some real estate brokers, agents, and title companies may have databases for information relating to real estate and private properties within a locality.

Online county records

• Some counties may have online databases and aggregate records for interested individuals. To check for liens on property, log in to the official websites of the relevant county recorder or local tax assessor's office.

Through government agencies' websites 

• For federal tax lien, information can be sourced through the IRS website. The Internal Revenue Service website has search tools to check for liens on property.

Using online search services

• Some online websites provide property lien records for interested persons; they gather records from various sources and provide online search tools for property liens checks.

Through public notice,

• Mississippi property liens information may be available through local media or online announcements. Local Newspapers and online platforms may announce information about  
• Foreclosure proceedings
• Sales tax, and 
• Legal actions that may include information on property liens.

Legal professionals 

• Mississippi real estate lawyers and attorneys can help check for liens on property. A Mississippi-based attorney or lawyer operating in a particular vicinity may be familiar with local protocols and have the tools and experience necessary to find liens on a property.

Real estate professionals 

• Interested parties can seek assistance from professionals in the home and commercial property field to check for liens on property. Some entities have large databases and specialize in providing information on real estate in Mississippi.

Through online property search services 

• Some third-party sites provide online services to help any interested person get information on land records and property titles. However, these services may not be for free and come at a cost.

Property Lien Search By Address

Any interested person who wants to conduct a Mississippi property lien search using the address of the property as the search parameter should:

• Visit or contact any of the following 
• The County Recorder's Office where the property is located
• Real estate professionals
• Local legal professionals
• The County Tax Assessor's office, or
• Online property search services, or relevant federal, state, and local custodian agency websites (where available).
• Provide the property address or input it into the title search (where necessary) and inquire or search for any recorded liens
• Examine the records for relevant information or documents.

Free Lien Search on Property

Certain aspects of Mississippi property liens search may need in-person physical access to records. However, public property records custodians and third-party entities may offer free online access to preliminary information searches. Interested persons can use free online tools available through government agencies and third-party websites for a free lien search on Mississippi property. For instance, the Mississippi government provides online services for property information-related searches. Also, free property lien search in Mississippi may be available through public records websites, community libraries, community resource organizations, and other relevant entities.

What is a Mechanics Lien in Mississippi?

A mechanic's lien in Mississippi is a legal claim placed on a property by suppliers, contractors, or subcontractors due to unpaid debts for construction supplies or jobs done. As per Mississippi law, mechanics liens aim to force the debtor to make payment for the job done and materials supplied by the lienholder.

Mississippi Mechanics Lien Search

The following steps may help interested individuals conduct a Mississippi mechanics lien search:

• Identify the county where the property is located (mechanics liens are recorded at the county level)
• Visit the relevant county recorder's office and make inquiries. Property liens are public records and by law should be made available to interested persons 
• Provide information that will aid in locating the property records (may include address and parcel number) and request to access the property title.

Also, mechanics liens search can be conducted in Mississippi using online search tools available on some private, government, and non-government websites that have databases on Mississippi property records. 

What is a Mortgage Lien in Mississippi?

Mississippi mortgage lien is an encumbrance or legal claim placed on a property by a lender as part of an agreement for a mortgage loan. Mortgage liens in Mississippi serve as collateral for a loan, and if the debtor defaults on repayment, the lienholder may seize or foreclose the property.

Mortgage lien has significant effects on real estate transactions. In Mississippi, mortgage lien:

• Offer mortgage lenders security for loan repayment by the debtor. In the event of a default a mortgage lien holder can file for a foreclosure on the property 
• Obligates the borrower to adhere to the terms of the mortgage repayment.
• Affects the property title because buyers or lenders must be alerted of existing lien on the property 
• Establishes the order of debt repayment if the debtor defaults. If there is more than one lien on a property, priority is given to the order of recording. In the event of foreclosure or sale of the property, lenders with the highest priority will have the first claim for repayment 
• Affects the market value of a property. Multiple liens on a property will lower the value of the property
• Influence the sale or refinance of the property. To sell a property with an existing mortgage lien, the owner must pay all outstanding debts, get a lien release letter from the lienholder, and record the release at the County Recorder's Office.

What is a UCC Lien in Mississippi?

A Uniform Commercial Code (UCC) in Mississippi is a legal claim or interest in the property of a debtor by a lender. UCC lien is created when a lender files a financing claim with the Mississippi Secretary of State indicating interest in collateral on a debtor. In Mississippi, a UCC lien can affect all forms of financial transactions on the property and accord priority to the lender (lienholder) if the property is foreclosed due to default in payment. UCC lien on a property in Mississippi can be terminated by the lender through the Secretary of State’s office by filing a UCC termination statement.

UCC Lien Search Mississippi

In Mississippi, there are two options for performing a UCC lien search, these are:

• Through the UCC lien online search tools at the Mississippi Secretary of State website, or
• By filing a request using Form UCC-11.

To perform an online UCC lien search: 

• Log in to the Mississippi Secretary of State’s website 
• Navigate to the UCC Search icon and click on it, then 
• Also, click on the Public UCC Search icon on the subsequent page and provide the required information.

Interested individuals can also download, fill out, and mail a UCC Form - 11 to the Mississippi Secretary of State mailbox:

P. O. Box 136

Jackson, MS 39205-0136.

What is a Lien Title in Mississippi

A lien title in Mississippi is a document that indicates ownership of a property or vehicle that has a loan attached to it. In Mississippi, a lien title can result from a court judgment, tax debts, or other unpaid obligations. A lender (lien title holder) may release the lien only if the outstanding debts are paid.

Mississippi Title Lien Search

Mississippi free title lien search is the process of search checking for any existing lien of a vehicle or property with incurring charges. In Mississippi, a title lien shows existing encumbrance on the vehicle or property by a lender. To check for a free title lien search, apply the following steps:

1. Visit the Mississippi Department of Revenue and access the State Tax Lien Registry online search tools 
2. On the search bar, type title lien and input the necessary details on the new page (this may include the Vehicle Identification Number or Title Number)
3. Review the results to confirm if there are existing title liens on the vehicle or property

Also, a free title liens check may be available at the county Clerk's office where the vehicle was registered.

Note: For accurate and reliable information on title lien, interested individuals should rely on government agencies such as the Mississippi Department of Revenue or local authorities like the county Clerk's office where the vehicle was registered.

What is a Judgement Lien in Mississippi 

A Judgment lien is a claim on a debtor's property that results from a court-issued judgment

ment. In Mississippi, a court may grant an entity the right to seize property if the debtor defaults on payment of debts or does not meet financial obligations.

A judgment lien can impact significantly on individuals and businesses in Mississippi. As a consequence of attaching a judgment lien on a property:

• A debtor cannot refinance or sell such property without a lien release letter being issued to the creditor or the court where the lien was filed
• It may impact negatively the reports issued by credit reporting agencies and make it difficult for the debtor to obtain credit or financing 
• It may have a financial impact by limiting access to lines of credit, loans, or other financial resources
• It can complicate the potential sale of the property because the judgment lien may need to be removed before the property is sold to a new owner
• The creditor may enforce a court-ordered sale to recover the debt owed by the property owner
• It may have a prolonged impact on the debtor due to the lengthy duration of judgment in Mississippi. Typically, a Mississippi judgment lien may last up to seven years and can be renewed under certain circumstances 
• Mississippi judgment lien is treated as a secured debt and assigned high priority. In the context of bankruptcy, the creditor can sell the property to recover debts owed
• The cost of enforcing a judgment lien may be assessed by the debtor.

Mississippi Judgement Lien Search

There are several ways to conduct a judgment lien search in Mississippi. The following steps outline how to conduct a Mississippi judgment lien search:

• Log in to the Mississippi Electronic Courts (MEC) system of the State of Mississippi Judiciary (if available). Use the online court docket system to search for court records on the related individual
• Check the official websites of the relevant county clerk's office for information relating to judgment lien on the property or individual 
• Contact the chancery office of the Circuit Court where the property is located for information that is not available online
• Inquire from the court clerk about any judgment lien on the specific property or individual 
• Use third-party online databases that specialize in providing court records
• Contact legal professionals for assistance.

How to Get a Lien Release in Mississippi 

The procedures to get a lien release in Mississippi may vary. However, the steps below give a general overview of how to get a lien release in Mississippi:

• Identify the lienholder (this may be a creditor, judgment creditors, or parties with legal interests)
• Reach out to the lienholder and obtain a lien release (this may be done by paying the outstanding debts or fulfilling the contract obligations. Also, obtain the contact information of the lienholder
• Request a lien release letter as evidence of fulfilling the contract conditions
• Prepare the necessary documents that show that the debts have been paid or the contract conditions are fulfilled 
• For judgment lien, draft a satisfaction of judgment document and file it with the court to show that the terms of the contract are fulfilled
• Submit the documents for recording at the county clerk's office where the property is located
• Confirm that the lien release is recorded by the county clerk's office
• For liens that impact credit reports, notify the credit bureau to update credit report information on the property
• Monitor the process and confirm from the lienholder and county clerk's office that the lien release is officially processed.

Note that the documents needed for a lien release in Mississippi may depend on the type of lien. However, the following documents may be required to get a lien release in Mississippi:

• Evidence of full payment to the lienholder
• Lien release letter
• Satisfaction of judgment document (where applicable)
• Proper identification documents (government-issued identification)
• Legal description documents for the property in question.

In addition, they may need to fulfill some or all of the following requirements:

• Submit the lien release document for recording at the county clerk's office 
• Pay a lien release recording fee
• Notarize documents (if applicable). Also, the affected individual should 
• Notify the Credit Bureau about the lien release to update credit information (if applicable).

In Mississippi, it is important to adhere to the legal provisions and follow the specific procedures outlined by the lienholder. Also, if in doubt, seek the assistance of a legal professional.

How to Get a Copy of a Lien Release in Mississippi

To obtain a copy of a lien release in Mississippi:

• Reach out to the lienholder in person, by mail, email, or phone call
• Request a copy of the lien release letter 
• Provide identification that relates to ownership of the property (this may include name and address or the property title information such as land records)
• Check through the county clerk's office for online copies of the lien release
• Visit the county clerk's office in person to submit a written request for a copy of the lien release.

Note: Getting copies of a lien release letter in Mississippi may come with fee payments.