Bill > SB2751

This bill, known as the Mississippi Deed Fraud Prevention Act, aims to combat fraudulent real estate transactions by empowering chancery clerks to refuse recording of "suspicious documents," which are defined as those with discrepancies in notary information, attempts to circumvent state laws, non-compliance with recording standards, or documents not submitted by trusted entities (like title insurers, attorneys, or regulated financial institutions) that are materially false or fraudulent. If a clerk refuses a document, they must notify law enforcement and the notary involved, and individuals can seek court review of the clerk's decision without the clerk being liable for damages. The act also mandates that by January 1, 2028, each chancery clerk must establish a free "property alert notification system" allowing property owners to sign up to be notified of any recorded documents affecting their property, and clerks may also create a "document alert notification system" to notify notaries when their name appears on recorded documents. Furthermore, chancery clerks are authorized to create searchable logs of recorded documents, and the Mississippi Real Estate Commission will consider adding courses on fraud and cybersecurity to its continuing education requirements for licensees. The bill also establishes new legal avenues for parties harmed by forged deeds or mortgages, allowing them to sue the forger, anyone knowingly submitting a forged document, or anyone selling/encumbering property with knowledge of a forged title, and permits recovery of compensatory damages, statutory damages at least double the compensatory damages, attorney's fees, and costs. Finally, existing laws concerning grand larceny and receiving stolen property are brought forward for potential amendment, with the act taking effect on July 1, 2026.

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https://billstatus.ls.state.ms.us/2026/pdf/history/SB/SB2751.xml