Real Estate Deeds

Mississippi Warranty Deed

Title to real estate in Mississippi can be transferred with a warranty deed in writing. This state does not provide a statutory form, but does provide acceptable language for a warranty deed or other conveyance ( 89-1-61). The grantor in a warranty deed in this state warrants to the grantee that the grantor has good and marketable title to the real estate conveyed and will defend the title against any disputes or claims to the real estate. A warranty deed in Mississippi, by the use of the word "warrant," includes the following five covenants: seisin, power to sell, freedom from encumbrances, quiet enjoyment, and warranty of title ( 89-1-33).

A warranty deed must be in writing, signed by the grantor and delivered ( 89-1-3). Any written instrument conveying real estate, such as a warranty deed, should be acknowledged or proved, and the acknowledgment or proof should be certified by an officer authorized to take acknowledgments. Acknowledgements or proof may be made before any of the officers listed in section 89-3-3 of the Mississippi Revised Code. If the party who is executing a conveyance resides in another state, the warranty deed may be acknowledged or proved by any of the officers listed in 89-3-9, and it shall be as good and as effectual if the certificate of acknowledgment or proof had been made by a competent officer in Mississippi ( 89-3-9). If a warranty deed is not acknowledged or proved, the recording clerk may refuse to admit it to record. However, if an instrument is not acknowledged or proved according to law but is otherwise admitted to record, then all persons are considered to be on constructive notice of the instrument ( 89-3-1).

Except as may be provided by Mississippi laws, a warranty deed or other conveyance of land is not valid as against a purchaser for valuable consideration without notice, or any creditor, unless the deed is lodged for record with the clerk of the chancery court in the county where the property is situated. After filing with the clerk, the priority of time of filing will determine the priority of all conveyances of the same land as between the several holders of such conveyances ( 89-5-1). Failure to file a warranty deed with the clerk for record will prevent any claim of priority by the holder of such instrument over any similar recorded instrument affecting the same property, to the end that with reference to all instruments which may be filed for record, the priority thereof is governed by the priority in time of the filing of the several instruments, in the absence of actual notice. However, as far as between the parties and their heirs, and as to all subsequent purchasers with notice or without valuable consideration, an unrecorded warranty deed will be valid and binding ( 89-5-3). All real property documents are recorded in the office of the clerk of the chancery court in the county where the property is located. A warranty deed takes effect, as to all creditors and subsequent purchasers for a valuable consideration without notice, only from the time it is delivered to the clerk to be recorded ( 89-5-5). Mississippi Warranty Deed Forms Have Been Updated as Recently as Monday May 21, 2018