Bill Text: MS HB1493 | 2013 | Regular Session | Introduced
Bill Title: Tax sales; revise method of service of notice of expiration of redemption period, increase sheriff's fee for service of notice.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [HB1493 Detail]
Download: Mississippi-2013-HB1493-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Ways and Means
By: Representative Moak
House Bill 1493
AN ACT TO AMEND SECTION 27-43-3, MISSISSIPPI CODE OF 1972, TO REVISE THE MANNER IN WHICH NOTICE OF THE EXPIRATION OF THE TIME OF REDEMPTION WITH RESPECT TO LAND SOLD AT A TAX SALE IS MADE TO THE OWNER OF THE PROPERTY IF THE OWNER IS A RESIDENT OF THIS STATE; TO INCREASE THE FEE PAID TO THE SHERIFF FOR SERVICE OF SUCH NOTICE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 27-43-3, Mississippi Code of 1972, is amended as follows:
27-43-3. The clerk shall
issue the notice to the sheriff of the county of the reputed owner's residence,
if he be a resident of the State of Mississippi, and the sheriff shall be
required to serve * * *
notice as * * * follows:
(a) Upon the reputed owner personally, if he can be found in the county, by handing him a true copy of the notice;
(b) If the reputed owner cannot himself be found in the county, then by leaving a true copy of the notice at his usual place of abode with the spouse of the reputed owner or some other person of his family above the age of sixteen (16) years, and willing to receive the copy of the notice; or
(c) If the reputed owner cannot himself be found, and if no person of his family above the age of sixteen (16) years can be found at his usual place of abode who is willing to receive the copy of the notice, then by posting a true copy of the notice on a door of the reputed owner's usual place of abode.
The sheriff shall make his return to the chancery clerk issuing same. The clerk shall also mail a copy of same to the reputed owner at his usual street address, if same can be ascertained after diligent search and inquiry, or to his post office address if only that can be ascertained, and he shall note such action on the tax sales record. The clerk shall also be required to publish the name and address of the reputed owner of the property and the legal description of such property in a public newspaper of the county in which the land is located, or if no newspaper is published as such, then in a newspaper having a general circulation in such county. Such publication shall be made at least forty-five (45) days prior to the expiration of the redemption period.
If said reputed owner is a
nonresident of the State of Mississippi, then the clerk shall mail a copy of
said notice * * *
to the reputed owner in the same manner as hereinabove set out for
notice to a resident of the State of Mississippi, except that * * * notice served by the sheriff shall not
be required.
Notice by mail shall be by
registered or certified mail. In the event the notice by mail is returned
undelivered and the * * *
notice as hereinabove required to be served by the sheriff is returned not found,
then the clerk shall make further search and inquiry to ascertain the reputed
owner's street and post office address. If the reputed owner's street or post
office address is ascertained after the additional search and inquiry, the
clerk shall again issue notice as hereinabove set out. If * * * notice is again issued and it is again
returned not found and if notice by mail is again returned undelivered, then
the clerk shall file an affidavit to that effect and shall specify therein the
acts of search and inquiry made by him in an effort to ascertain the reputed
owner's street and post office address and said affidavit shall be retained as
a permanent record in the office of the clerk and such action shall be noted on
the tax sales record. If the clerk is still unable to ascertain the reputed
owner's street or post office address after making search and inquiry for the
second time, then it shall not be necessary to issue any additional notice but
the clerk shall file an affidavit specifying therein the acts of search and
inquiry made by him in an effort to ascertain the reputed owner's street and
post office address and said affidavit shall be retained as a permanent record
in the office of the clerk and such action shall be noted on the tax sale
record.
For examining the records to
ascertain the record owner of the property, the clerk shall be allowed a fee of
Fifty Dollars ($50.00); for issuing the notice the clerk shall be allowed a fee
of Two Dollars ($2.00) and, for mailing same and noting such action on the tax
sales record, a fee of One Dollar ($1.00); and for serving the notice, the
sheriff shall be allowed a fee of * * * Thirty-five Dollars
($35.00). For issuing a second notice, the clerk shall be allowed a fee of
Five Dollars ($5.00) and, for mailing same and noting such action on the tax
sales record, a fee of Two Dollars and Fifty Cents ($2.50), and for serving the
second notice, the sheriff shall be allowed a fee of * * * Thirty-five Dollars ($35.00).
The clerk shall also be allowed the actual cost of publication. Said fees and
cost shall be taxed against the owner of said land if the same is redeemed, and
if not redeemed, then said fees are to be taxed as part of the cost against the
purchaser. The failure of the landowner to actually receive the notice herein
required shall not render the title void, provided the clerk and sheriff have
complied with the duties herein prescribed for them.
Should the clerk inadvertently fail to send notice as prescribed in this section, then such sale shall be void and the clerk shall not be liable to the purchaser or owner upon refund of all purchase money paid.
SECTION 2. This act shall take effect and be in force from and after July 1, 2013.
