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Bill > SB2856


MS SB2856

MS SB2856
Motor vehicles; prevent perfection of security interest in when subject to statutory possessory lien.


summary

Introduced
01/19/2026
In Committee
01/19/2026
Crossed Over
Passed
Dead
02/03/2026

Introduced Session

2026 Regular Session

Bill Summary

An Act To Amend Section 63-21-43, Mississippi Code Of 1972, To Provide That A Security Interest In A Motor Vehicle May Not Be Perfected While The Vehicle Is Subject To A Valid Statutory Possessory Lien; To Require A Secured Party Seeking To Perfect A Security Interest To Certify To The Department Of Revenue That No Such Possessory Lien Exists Or Obtain Written Consent From The Holder Of Such A Lien; To Provide That Any Security Interest Filed In Violation Of This Act Shall Be Unperfected Against The Holder Of The Possessory Lien And Subordinate In Priority To That Lien; To Bring Forward Sections 63-21-16, 75-9-333, 85-7-107 And 85-7-251, Mississippi Code Of 1972, For The Purpose Of Possible Amendment; And For Related Purposes.

AI Summary

This bill amends Mississippi law to prevent the perfection of a security interest in a motor vehicle if that vehicle is already subject to a statutory possessory lien, which is a legal claim on property to secure payment for services or materials, such as those provided by a mechanic or a towing company. Before a secured party, like a bank or lender, can perfect their security interest (meaning to officially establish their legal claim to the vehicle as collateral for a loan), they must now certify to the Department of Revenue that no such possessory lien exists or obtain written consent from the holder of that lien. If a security interest is perfected in violation of this new rule, it will be considered unperfected against the holder of the possessory lien and will be subordinate to that lien, meaning the possessory lien will take priority. The bill also brings forward existing sections of Mississippi Code related to vehicle titles, secured transactions, and possessory liens for potential future amendments.

Committee Categories

Budget and Finance

Sponsors (4)

Last Action

Died In Committee (on 02/03/2026)

bill text


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