Last Minute “Liens” Filed in Chancery Court

In a last-minute filing in the Chancery Court of Hancock County, Karen Rice, former secretary of the Diamondhead Country Club and Property Owners Association, filed over one hundred and ten liens against property owners in the resort community of Diamondhead, Mississippi. The so-called liens are an attempt to collect past dues from the property owners by clouding the title of the land.

The process for filing liens in Mississippi is to first acquire a judgment from a court or to provide proof of work that was done on the property in question, known as a construction lien. A  lien can also be used to collect dues from a condominium. Condominiums are different from a homestead since the land is not owned by the condominium occupant whereas the property is owned by the property owner. The last type of lien allowed in Mississippi is a tax lien.  See Mississippi Lien Law

The “liens” were filed in the Hancock County Courthouse directly to the property owners’ deed. This was done in what seems to be a violation of Mississippi’s Statute  Obviously the purpose of this practice was to collect an amount solely determined by the Diamondhead Country Club and Property Owners Association by preventing the transfer of the property without the benefit of due process being afforded to the property owner.

Under Mississippi law triple damages can be assessed to anyone who files a lien against property without just cause. See MS § 85-7-429  

Copies of the documents are available below:

_Notice of Liens signed on 06-15-2020 and recorded Hancock County Chancery Clerk
T. R. Alfonso
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