Housing Loan Assistance Pilot Program; create and authorize issuance of bonds to provide funds for.

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To: Ways and Means
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Clark

HOUSE BILL NO. 249

AN ACT TO CREATE THE HOUSING LOAN ASSISTANCE PILOT PROGRAM TO 1
BE ADMINISTERED BY THE MISSISSIPPI DEVELOPMENT AUTHORITY FOR THE 2
PURPOSE OF PROVIDING LOANS TO CERTAIN PERSONS TO REPAIR AN 3
EXISTING HOME OR TO CONSTRUCT A NEW HOME; TO AUTHORIZE THE 4
ISSUANCE OF $3,000,000.00 IN STATE GENERAL OBLIGATION BONDS TO 5
PROVIDE FUNDS FOR THE HOUSING LOAN ASSISTANCE PILOT PROGRAM; TO 6
CREATE THE HOUSING LOAN ASSISTANCE BOND SINKING FUND FOR THE 7
PURPOSE OF PROVIDING THAT THE PRINCIPAL AND INTEREST ON THE BONDS 8
AUTHORIZED UNDER THIS ACT WILL BE PAID PRIMARILY FROM CERTAIN FEES 9
AUTHORIZED BY THIS ACT; TO AMEND SECTION 25-7-9, MISSISSIPPI CODE 10
OF 1972, TO CREATE AN ADDITIONAL FEE FOR RECORDING DEEDS AND DEEDS 11
OF TRUSTS WITH THE OFFICE OF THE CHANCERY CLERK; TO REQUIRE THE 12
CHANCERY CLERK TO REMIT SUCH FEES TO THE MISSISSIPPI DEVELOPMENT 13
AUTHORITY TO BE DEPOSITED INTO THE HOUSING LOAN ASSISTANCE BOND 14
SINKING FUND; AND FOR RELATED PURPOSES. 15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 16
SECTION 1. (1) (a) There is established the Housing Loan 17
Assistance Pilot Program to be administered by the Mississippi 18
Development Authority (hereinafter "MDA") for the purpose of 19
providing loans to certain and potential homeowners. The interest 20
rate on such loans shall be one percent (1%) per annum. A 21
homeowner or potential homeowner who receives a loan under this 22
section shall: 23
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(i) Be a resident of one (1) of the ten (10) 24
poorest counties in this state according to the most recent 25
official data compiled by the United States Census Bureau; 26
(ii) Be at least sixty-five (65) years of age, or 27
legally disabled, or employed for the two (2) years immediately 28
preceding the application for the loan; 29
(iii) Own the property on which the home that will 30
be repaired or constructed is located; 31
(iv) Have a total household income that does not 32
exceed Thirty Thousand Dollars ($30,000.00) a year; and 33
(v) Have been rejected or otherwise unable to 34
obtain a conventional loan in the preceding twelve (12) months and 35
not have obtained any other form of financing for the home for 36
which the applicant is requesting assistance under this section. 37
(b) The MDA shall have all powers necessary to 38
implement and administer the program established under this 39
section, and the MDA shall promulgate rules and regulations, in 40
accordance with the Mississippi Administrative Procedures Law, 41
necessary for the implementation of this section. 42
(2) There is created in the State Treasury a special fund to 43
be designated as the "Housing Loan Assistance Fund", which shall 44
consist of funds made available by the Legislature in any manner 45
and funds from any other source designated for deposit into such 46
fund. Unexpended amounts remaining in the fund at the end of a 47
fiscal year shall not lapse into the State General Fund, and any 48
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investment earnings or interest earned on amounts in the fund 49
shall be deposited to the credit of the fund. Monies in the fund 50
shall be used by the MDA for the purposes described in this 51
section. 52
SECTION 2. (1) As used in this section, the following words 53
shall have the meanings ascribed herein unless the context clearly 54
requires otherwise: 55
(a) "Accreted value" of any bonds means, as of any date 56
of computation, an amount equal to the sum of (i) the stated 57
initial value of such bond, plus (ii) the interest accrued thereon 58
from the issue date to the date of computation at the rate, 59
compounded semiannually, that is necessary to produce the 60
approximate yield to maturity shown for bonds of the same 61
maturity. 62
(b) "State" means the State of Mississippi. 63
(c) "Commission" means the State Bond Commission. 64
(2) (a) (i) For the purpose of providing for the payment 65
of the principal of and interest upon bonds issued under this 66
section, there is hereby created in the State Treasury a special 67
fund to be known as the "Housing Loan Assistance Bond Sinking 68
Fund". Such sinking fund shall consist of the monies deposited 69
into such fund pursuant to Section 25-7-9, Mississippi Code of 70
1972, and such other amounts as may be paid into such fund by 71
appropriation or other authorization by the Legislature. Monies 72
in the bond sinking fund shall be used to pay the debt service 73
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requirements on the bonds issued under this section. Unexpended 74
amounts remaining in the bond sinking fund at the end of a fiscal 75
year shall not lapse into the State General Fund, and any interest 76
earned or investment earnings on amounts in the bond sinking fund 77
shall be deposited into the bond sinking fund. 78
(ii) The total amount of all payments deposited 79
into the bond sinking fund until the maturity date of the bonds 80
authorized under this section shall be in an amount sufficient to 81
retire the bonds. 82
(b) The Commission, at one time, or from time to time, 83
may declare by resolution the necessity for issuance of general 84
obligation bonds of the State of Mississippi to provide funds for 85
the program authorized in Section 1 of this act. Upon the 86
adoption of a resolution by the Mississippi Development Authority, 87
declaring the necessity for the issuance of any part or all of the 88
general obligation bonds authorized by this subsection, the 89
Mississippi Development Authority shall deliver a certified copy 90
of its resolution or resolutions to the commission. Upon receipt 91
of such resolution, the commission, in its discretion, may act as 92
the issuing agent, prescribe the form of the bonds, determine the 93
appropriate method for sale of the bonds, advertise for and accept 94
bids or negotiate the sale of the bonds, issue and sell the bonds 95
so authorized to be sold and do any and all other things necessary 96
and advisable in connection with the issuance and sale of such 97
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bonds. The total amount of bonds issued under this section shall 98
not exceed Three Million Dollars ($3,000,000.00). 99
(c) Any investment earnings on amounts deposited into 100
the special fund created in Section 1 of this act shall be used to 101
pay debt service on bonds issued under this section, in accordance 102
with the proceedings authorizing issuance of such bonds. 103
(3) The principal of and interest on the bonds authorized 104
under this section shall be payable in the manner provided in this 105
subsection. Such bonds shall bear such date or dates, be in such 106
denomination or denominations, bear interest at such rate or rates 107
(not to exceed the limits set forth in Section 75-17-101, 108
Mississippi Code of 1972), be payable at such place or places 109
within or without the State of Mississippi, shall mature 110
absolutely at such time or times not to exceed twenty-five (25) 111
years from date of issue, be redeemable before maturity at such 112
time or times and upon such terms, with or without premium, shall 113
bear such registration privileges, and shall be substantially in 114
such form, all as shall be determined by resolution of the 115
commission. 116
(4) The bonds authorized by this section shall be signed by 117
the chairman of the commission, or by his facsimile signature, and 118
the official seal of the commission shall be affixed thereto, 119
attested by the secretary of the commission. The interest 120
coupons, if any, to be attached to such bonds may be executed by 121
the facsimile signatures of such officers. Whenever any such 122
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bonds shall have been signed by the officials designated to sign 123
the bonds who were in office at the time of such signing but who 124
may have ceased to be such officers before the sale and delivery 125
of such bonds, or who may not have been in office on the date such 126
bonds may bear, the signatures of such officers upon such bonds 127
and coupons shall nevertheless be valid and sufficient for all 128
purposes and have the same effect as if the person so officially 129
signing such bonds had remained in office until their delivery to 130
the purchaser, or had been in office on the date such bonds may 131
bear. However, notwithstanding anything herein to the contrary, 132
such bonds may be issued as provided in the Registered Bond Act of 133
the State of Mississippi. 134
(5) All bonds and interest coupons issued under the 135
provisions of this section have all the qualities and incidents of 136
negotiable instruments under the provisions of the Uniform 137
Commercial Code, and in exercising the powers granted by this 138
section, the commission shall not be required to and need not 139
comply with the provisions of the Uniform Commercial Code. 140
(6) The commission shall act as issuing agent for the bonds 141
authorized under this section, prescribe the form of the bonds, 142
determine the appropriate method for sale of the bonds, advertise 143
for and accept bids or negotiate the sale of the bonds, issue and 144
sell the bonds so authorized to be sold, pay all fees and costs 145
incurred in such issuance and sale, and do any and all other 146
things necessary and advisable in connection with the issuance and 147
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sale of such bonds. The commission is authorized and empowered to 148
pay the costs that are incident to the sale, issuance and delivery 149
of the bonds authorized under this section from the proceeds 150
derived from the sale of such bonds. The commission may sell such 151
bonds on sealed bids at public sale or may negotiate the sale of 152
the bonds for such price as it may determine to be for the best 153
interest of the State of Mississippi. All interest accruing on 154
such bonds so issued shall be payable semiannually or annually. 155
If such bonds are sold by sealed bids at public sale, notice 156
of the sale shall be published at least one time, not less than 157
ten (10) days before the date of sale, and shall be so published 158
in one or more newspapers published or having a general 159
circulation in the City of Jackson, Mississippi, selected by the 160
commission. 161
The commission, when issuing any bonds under the authority of 162
this section, may provide that bonds, at the option of the State 163
of Mississippi, may be called in for payment and redemption at the 164
call price named therein and accrued interest on such date or 165
dates named therein. 166
(7) The bonds issued under the provisions of this section 167
are general obligations of the State of Mississippi, and for the 168
payment thereof the full faith and credit of the State of 169
Mississippi is irrevocably pledged. The principal of and the 170
interest on the bonds shall be payable primarily from the bond 171
sinking fund created in subsection (2) of this section as provided 172
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in that subsection. If the funds available in the bond sinking 173
fund and any funds appropriated by the Legislature are 174
insufficient to pay the principal of and the interest on such 175
bonds as they become due, then the deficiency shall be paid by the 176
State Treasurer from any funds in the State Treasury not otherwise 177
appropriated. All such bonds shall contain recitals on their 178
faces substantially covering the provisions of this subsection. 179
(8) Upon the issuance and sale of bonds under the provisions 180
of this section, the commission shall transfer the proceeds of any 181
such sale or sales to the Housing Loan Assistance Fund created in 182
Section 1 of this act. The proceeds of such bonds shall be 183
disbursed solely upon the order of the Mississippi Development 184
Authority under such restrictions, if any, as may be contained in 185
the resolution providing for the issuance of the bonds. 186
(9) The bonds authorized under this section may be issued 187
without any other proceedings or the happening of any other 188
conditions or things other than those proceedings, conditions and 189
things which are specified or required by this section. Any 190
resolution providing for the issuance of bonds under the 191
provisions of this section shall become effective immediately upon 192
its adoption by the commission, and any such resolution may be 193
adopted at any regular or special meeting of the commission by a 194
majority of its members. 195
(10) The bonds authorized under the authority of this 196
section may be validated in the Chancery Court of the First 197
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Judicial District of Hinds County, Mississippi, in the manner and 198
with the force and effect provided by Chapter 13, Title 31, 199
Mississippi Code of 1972, for the validation of county, municipal, 200
school district and other bonds. The notice to taxpayers required 201
by such statutes shall be published in a newspaper published or 202
having a general circulation in the City of Jackson, Mississippi. 203
(11) Any holder of bonds issued under the provisions of this 204
section or of any of the interest coupons pertaining thereto may, 205
either at law or in equity, by suit, action, mandamus or other 206
proceeding, protect and enforce any and all rights granted under 207
this section, or under such resolution, and may enforce and compel 208
performance of all duties required by this section to be 209
performed, in order to provide for the payment of bonds and 210
interest thereon. 211
(12) All bonds issued under the provisions of this section 212
shall be legal investments for trustees and other fiduciaries, and 213
for savings banks, trust companies and insurance companies 214
organized under the laws of the State of Mississippi, and such 215
bonds shall be legal securities which may be deposited with and 216
shall be received by all public officers and bodies of this state 217
and all municipalities and political subdivisions for the purpose 218
of securing the deposit of public funds. 219
(13) Bonds issued under the provisions of this section and 220
income therefrom shall be exempt from all taxation in the State of 221
Mississippi. 222
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(14) The proceeds of the bonds issued under this section 223
shall be used solely for the purposes therein provided, including 224
the costs incident to the issuance and sale of such bonds. 225
(15) The State Treasurer is authorized, without further 226
process of law, to certify to the Department of Finance and 227
Administration the necessity for warrants, and the Department of 228
Finance and Administration is authorized and directed to issue 229
such warrants, in such amounts as may be necessary to pay when due 230
the principal of, premium, if any, and interest on, or the 231
accreted value of, all bonds issued under this section; and the 232
State Treasurer shall forward the necessary amount to the 233
designated place or places of payment of such bonds in ample time 234
to discharge such bonds, or the interest thereon, on the due dates 235
thereof. 236
(16) This section shall be deemed to be full and complete 237
authority for the exercise of the powers therein granted, but this 238
section shall not be deemed to repeal or to be in derogation of 239
any existing law of this state. 240
SECTION 3. Section 25-7-9, Mississippi Code of 1972, is 241
amended as follows: 242
[ * * * Through December 31, 2027, this section shall read as 243
follows:] 244
25-7-9. (1) The clerks of the chancery courts shall charge 245
the following fees: 246
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(a) For the act of certifying copies of filed 247
documents, for each complete document................... $ 1.00 248
(b) (i) Recording each deed, will, lease, amendment, 249
subordination, lien, release, cancellation, order, decree, oath, 250
etc., per book and page listed where applicable, each deed of 251
trust, or any other document, for the first five (5) 252
pages................................................... $ 25.00 253
(ii) Each additional page............... $ 1.00 254
(iii) Three Dollars ($3.00) shall be added to each 255
fee for recording a deed. The chancery clerk shall remit such fee 256
to the Mississippi Development Authority to be deposited into the 257
Housing Loan Assistance Bond Sinking Fund created in Section 258
2(2)(a) of this act. Each payment shall be accompanied by a 259
detailed accounting of the transactions represented by the 260
payment. 261
(iv) Three Dollars ($3.00) shall be added to each 262
fee for recording a deed of trust. The chancery clerk shall remit 263
such fee to the Mississippi Development Authority to be deposited 264
into the Housing Loan Assistance Bond Sinking Fund created in 265
Section 2(2)(a) of this act. Each payment shall be accompanied by 266
a detailed accounting of the transactions represented by the 267
payment. 268
(c) (i) Recording oil and gas leases, cancellations, 269
etc., including indexing in general indices; for the first five 270
(5) pages............................................... $ 25.00 271
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(ii) Recording each oil and gas assignment, 272
amendment of assignment, release, etc., first five (5) 273
pages................................................... $ 25.00 274
per additional assignee................................. $ 18.00 275
(iii) Each additional page.............. $ 1.00 276
(iv) Sectional index entries per section or 277
subdivision lot......................................... $ 1.00 278
(v) Archive fee......................... $ 1.00 279
(vi) Entering marginal notations, if requested on 280
document or by cover letter, pertaining to the recording of any 281
oil and gas document only per book and page............. $ 4.00 282
(d) (i) Furnishing copies of any papers of record or 283
on file: 284
If performed by the clerk or his employee, 285
per page................................................ $ .50 286
If performed by any other person, 287
per page................................................ $ .25 288
(ii) Entering marginal notations on 289
documents of record..................................... $ 1.00 290
(e) For attending the board of supervisors' meeting, an 291
annual sum not exceeding................................ $ 2,500.00 292
(f) For other services as clerk of the board of 293
supervisors an allowance shall be made to him (payable 294
semiannually at the July and January meetings) out of the county 295
treasury, an annual sum not exceeding................... $ 5,500.00 296
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(g) For each day's attendance on the chancery court, to 297
be approved by the chancellor: 298
For the first chancellor sitting only, clerk and two (2) deputies, 299
each.................................................... $ 85.00 300
For the second chancellor sitting, clerk only........... $ 85.00 301
Provided that the fees herein prescribed shall be the total 302
remuneration for the clerk and his deputies for attending chancery 303
court. 304
(h) On order of the court, clerks and not more than two 305
(2) deputies may be allowed five (5) extra days for each term of 306
court for attendance upon the court to get up records. 307
(i) For public service not otherwise specifically 308
provided for, the chancery court may by order allow the clerk to 309
be paid by the county on the order of the board of supervisors, an 310
annual sum not exceeding................................$ 5,000.00 311
(j) For each civil filing, to be deposited into the 312
Civil Legal Assistance Fund............................. $ 5.00 313
The chancery clerk shall itemize on the original document a 314
detailed fee bill of all charges due or paid for filing, recording 315
and abstracting same. No person shall be required to pay such 316
fees until same have been so itemized, but those fees may be 317
demanded before the document is recorded. 318
(2) The following fee shall be a total fee for all services 319
performed by the clerk with respect to any civil case filed that 320
includes, but is not limited to, divorce, alteration of birth or 321
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marriage certificate, removal of minority, guardianship or 322
conservatorship, estate of deceased, adoption that does not 323
involve the Department of Child Protection Services, land dispute 324
injunction, settlement of small claim, contempt, modification, 325
partition suit, or commitment, which shall be payable upon filing 326
and shall accrue to the chancery clerk at the time of filing. The 327
clerk or his successor in office shall perform all duties set 328
forth without additional compensation or fee............$ 85.00 329
(3) For every civil case filed: 330
(a) An additional fee to be deposited to the credit of 331
the Comprehensive Electronic Court Systems Fund established in 332
Section 9-21-14......................................... $ 10.00 333
(b) An additional fee to be deposited to the 334
credit of the Judicial System Operation Fund established in 335
Section 9-21-45......................................... $ 40.00 336
(4) Cost of process shall be borne by the issuing party. 337
Additionally, should the attorney or person filing the pleadings 338
desire the clerk to pay the cost to the sheriff for serving 339
process on one (1) person or more, or to pay the cost of 340
publication, the clerk shall demand the actual charges therefor, 341
at the time of filing. 342
(5) For each civil case filed including an adoption 343
involving the Department of Child Protection Services, the filing 344
shall be exempt from any fee under this section. 345
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[From and after January 1, 2028, this section shall read as 346
follows:] 347
25-7-9. (1) The clerks of the chancery courts shall charge 348
the following fees: 349
(a) For the act of certifying copies of filed 350
documents, for each complete document................... $ 1.00 351
(b) (i) Recording each deed, will, lease, amendment, 352
subordination, lien, release, cancellation, order, decree, oath, 353
etc., per book and page listed where applicable, each deed of 354
trust, or any other document, for the first five (5) 355
pages................................................... $ 25.00 356
(ii) Each additional page............... $ 1.00 357
(iii) Three Dollars ($3.00) shall be added to each 358
fee for recording a deed. The chancery clerk shall remit such fee 359
to the Mississippi Development Authority to be deposited into the 360
Housing Loan Assistance Bond Sinking Fund created in Section 361
2(2)(a) of this act. Each payment shall be accompanied by a 362
detailed accounting of the transactions represented by the 363
payment. 364
(iv) Three Dollars ($3.00) shall be added to each 365
fee for recording a deed of trust. The chancery clerk shall remit 366
such fee to the Mississippi Development Authority to be deposited 367
into the Housing Loan Assistance Bond Sinking Fund created in 368
Section 2(2)(a) of this act. Each payment shall be accompanied by 369
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a detailed accounting of the transactions represented by the 370
payment. 371
(c) (i) Recording oil and gas leases, cancellations, 372
etc., including indexing in general indices; for the first five 373
(5) pages............................................... $ 25.00 374
(ii) Recording each oil and gas assignment, 375
amendment of assignment, release, etc., first five (5) 376
pages................................................... $ 25.00 377
per additional assignee................................. $ 18.00 378
(iii) Each additional page.............. $ 1.00 379
(iv) Sectional index entries per section or 380
subdivision lot......................................... $ 1.00 381
(v) Archive fee......................... $ 1.00 382
(vi) Entering marginal notations, if requested on 383
document or by cover letter, pertaining to the recording of any 384
oil and gas document only per book and page............. $ 4.00 385
(d) (i) Furnishing copies of any papers of record or 386
on file: 387
If performed by the clerk or his employee, 388
per page................................................ $ .50 389
If performed by any other person, 390
per page................................................ $ .25 391
(ii) Entering marginal notations on 392
documents of record..................................... $ 1.00 393
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(e) For attending the board of supervisors' meeting an 394
annual sum not exceeding................................ $ 5,000.00 395
(f) For other services as clerk of the board of 396
supervisors an allowance shall be made to him (payable 397
semiannually at the July and January meetings) out of the county 398
treasury, an annual sum not exceeding................... $10,000.00 399
(g) For each day's attendance on the chancery court, to 400
be approved by the chancellor: 401
For the first chancellor sitting only, clerk and two (2) deputies, 402
each.................................................... $ 85.00 403
For the second chancellor sitting, clerk only........... $ 85.00 404
Provided that the fees herein prescribed shall be the total 405
remuneration for the clerk and his deputies for attending chancery 406
court. 407
(h) On order of the court, clerks and not more than two 408
(2) deputies may be allowed five (5) extra days for each term of 409
court for attendance upon the court to get up records. 410
(i) For public service not otherwise specifically 411
provided for, the chancery court may by order allow the clerk to 412
be paid by the county on the order of the board of supervisors, an 413
annual sum not exceeding................................ $ 5,000.00 414
(j) For each civil filing, to be deposited into the 415
Civil Legal Assistance Fund............................. $ 5.00 416
The chancery clerk shall itemize on the original document a 417
detailed fee bill of all charges due or paid for filing, recording 418
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and abstracting same. No person shall be required to pay such 419
fees until same have been so itemized, but those fees may be 420
demanded before the document is recorded. 421
(2) The following fee shall be a total fee for all services 422
performed by the clerk with respect to any civil case filed that 423
includes, but is not limited to, divorce, alteration of birth or 424
marriage certificate, removal of minority, guardianship or 425
conservatorship, estate of deceased, adoption that does not 426
involve the Department of Child Protection Services, land dispute 427
injunction, settlement of small claim, contempt, modification, 428
partition suit, or commitment, which shall be payable upon filing 429
and shall accrue to the chancery clerk at the time of filing. The 430
clerk or his successor in office shall perform all duties set 431
forth without additional compensation or fee............ $ 85.00 432
(3) For every civil case filed: 433
(a) An additional fee to be deposited to the credit of 434
the Comprehensive Electronic Court Systems Fund established in 435
Section 9-21-14......................................... $ 10.00 436
(b) An additional fee to be deposited to the 437
credit of the Judicial System Operation Fund established in 438
Section 9-21-45......................................... $ 40.00 439
(4) Cost of process shall be borne by the issuing party. 440
Additionally, should the attorney or person filing the pleadings 441
desire the clerk to pay the cost to the sheriff for serving 442
process on one (1) person or more, or to pay the cost of 443
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ST: Housing Loan Assistance Pilot Program;
create and authorize issuance of bonds to
provide funds for.
publication, the clerk shall demand the actual charges therefor, 444
at the time of filing. 445
(5) For each civil case filed including an adoption 446
involving the Department of Child Protection Services, the filing 447
shall be exempt from any fee under this section. 448
SECTION 4. This act shall take effect and be in force from 449
and after July 1, 2026. 450