Mississippi Statutory Lien Waiver Law & Compliance Guide
Complete legal standards, mandatory form formats, retainage carve-out rules, and pre-flight draw verification guidelines under Miss. Code Ann. § 85-7-433 (Mississippi Code Title 85, Chapter 7, Article 21).
Understanding Mississippi's Mechanics Lien Waiver Law
Mississippi lien waiver law under Miss. Code Ann. § 85-7-433 enforces one of the most stringent compliance standards in the United States. Unlike most states, Mississippi MANDATES notarization: statutory waivers MUST be sworn before a notary public with an official seal. Furthermore, waivers are subject to a strict 60-day automatic conversion clock: unless an Affidavit of Nonpayment is recorded within 60 days, the waiver conclusively extinguishes lien rights.
Enacted during Mississippi's landmark 2014 lien law overhaul, Miss. Code Ann. § 85-7-433 modernized protection for subcontractors while giving owners certainty. The mandatory jurat ensures solemnity and evidentiary validity in court.
Strict statutory form compliance. Mandatory Notary Public Jurat and Seal. Strict 60-day automatic conversion clock.
MS Statutory At-A-Glance
The 2 Mandatory Mississippi Statutory Form Types
Under Miss. Code Ann. § 85-7-433, lien rights may only be waived and released using these specific prescribed statutory instruments. Any non-conforming or custom waiver is void or legally risky.
Interim Waiver and Release Upon Payment
Statutory progress waiver used during ongoing draw cycles.
Waiver and Release Upon Final Payment
Statutory final release terminating all project lien rights.
Critical Legal Requirements Under Miss. Code Ann. § 85-7-433
NOTICE: WHEN YOU SIGN AND DELIVER THIS DOCUMENT, YOU SHALL BE DEEMED TO HAVE BEEN PAID IN FULL THE AMOUNT SET FORTH BELOW, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED SUCH PAYMENT, 60 DAYS AFTER THE DATE STATED BELOW UNLESS YOU FILE AN AFFIDAVIT OF NONPAYMENT PRIOR TO THE EXPIRATION OF SUCH 60-DAY PERIOD.
Font size specification: Standard prominent typography. Failure to print this exact text block voids statutory compliance.
MANDATORY NOTARIZATION: Mississippi law strictly requires an executed Notary Public Jurat and Seal ('Sworn to and subscribed before me this ___ day of...'). Waivers lacking notarization are statutorily defective.
Interim waiver specifies that release does not cover retention or labor, services, or materials furnished after the through-date.
Disputed claims and unapproved extras furnished after the through-date are preserved by statutory through-date boundaries.
Top 3 Critical Mississippi Lien Waiver Pitfalls
Common mistakes that trigger lender draw package rejections, lien forfeitures, or double-payment exposure on Mississippi commercial jobs.
Omission of Mandatory Notary Public Jurat
Miss. Code Ann. § 85-7-433 statutory forms include a mandatory notary acknowledgment block. Delivering a waiver without a notary seal renders it statutorily defective.
Missing the 60-Day Affidavit of Nonpayment Deadline
Mississippi gives claimants only 60 days (shorter than Georgia's 90 days) to record an Affidavit of Nonpayment in the chancery clerk's office if payment is not received.
Failing to Send Affidavit Copy within 7 Days
After recording an Affidavit of Nonpayment, the claimant must send a copy to the owner via certified mail within 7 days.
Mississippi Draw Verification Checklist (GC / Project Accountant)
Verify form conforms verbatim to Miss. Code Ann. § 85-7-433 statutory text.
CONFIRM NOTARY PUBLIC JURAT AND SEAL ARE PRESENT AND VALID.
Calendar 60-day Affidavit of Nonpayment deadline from the execution date.
Check that through-date strictly matches pay application billing cutoff.
Ensure county venue (State of Mississippi, County of...) is properly filled.
Mississippi Lien Waiver FAQs
Direct answers to high-intent questions regarding mechanics lien waiver statutory compliance under Miss. Code Ann. § 85-7-433.
Q:Do Mississippi lien waivers require notarization?
YES. Mississippi is one of only two regulated states (along with Wyoming) where notarization is strictly mandatory. Miss. Code Ann. § 85-7-433 requires an executed Notary Public Jurat and Seal.
Q:What is Mississippi's 60-day lien waiver rule?
Under Miss. Code Ann. § 85-7-433, a signed statutory waiver automatically becomes an unconditional release 60 days after its execution date unless the claimant files an Affidavit of Nonpayment in the chancery clerk's office.
Q:Does a Mississippi interim waiver release retainage?
No. The statutory interim waiver form expressly excludes retention and labor, services, or materials furnished after the specified through-date.
Q:What happens if a claimant is not paid after signing a Mississippi waiver?
The claimant must record an Affidavit of Nonpayment in the office of the chancery clerk of the county where the property is located before the 60-day period expires, and send a copy to the owner within 7 days.
Audit Mississippi Draw Packages in Under 10 Seconds
Instantly reconcile Subcontractor Invoices, AIA G702 Pay Apps, Mississippi Statutory Lien Waivers, and ACORD 25 COIs with zero server retention and SHA-256 bank audit certificates.