329 So.3d 439
Miss.2021Background:
- 1993: Harvey L. Lamb conveyed 390 Sycamore Road to his son, Harvey D. Lamb, who later lived there with his wife Sydney.
- March 2010: Harvey D. Lamb executed a "Warranty Deed With Restriction" granting himself and Sydney life estates with remainder to their daughter Julia Kelly; Sydney did not join that 2010 deed.
- May 2012: Sydney executed a quitclaim relinquishing any interest in the property; May 2015: Lamb took a reverse mortgage (2015 Deed of Trust) from Liberty (trustee Shackelford; lender Liberty; Potts Camp prepared deeds).
- Lamb died November 30, 2017; Kelly (his sole heir) was appointed administratrix; Liberty assigned the Deed of Trust to Ocwen in January 2018.
- March 2019: Ocwen sued seeking a declaration that the 2010 conveyance to Kelly was void under Miss. Code § 89-1-29 and to foreclose the 2015 Deed of Trust; Kelly counterclaimed and third‑partied against Ocwen, Shackelford, Liberty, and Potts Camp alleging negligence, slander of title, unjust enrichment, etc.
- Chancery court granted summary judgment for Ocwen (holding the 2010 deed void because Sydney did not join) and dismissed Kelly's claims against Shackelford, Liberty, and Potts Camp as time‑barred; Supreme Court affirmed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Whether the 2010 Warranty Deed is void under Miss. Code § 89-1-29, so Ocwen may foreclose | Kelly: § 89-1-29’s purpose is protecting the spouse from present conveyances; the 2010 deed created only a future remainder and thus satisfied the statute's purpose | Ocwen: Statute is clear and unambiguous; any conveyance of homestead without spouse's joinder is absolutely void | Held: Affirmed — deed void as to Kelly because Sydney did not join; 2015 Deed of Trust valid and Ocwen may foreclose |
| 2. Whether claims against Shackelford, Liberty, Potts Camp were wrongly dismissed as time‑barred | Kelly: Claims didn’t accrue until Ocwen sued in 2019; alternatively, claims to remove cloud should fall under ten‑year land‑recovery statute | Defendants: Claims accrued when the relevant deeds were recorded (2010, 2012, 2015) and are barred — slander of title (1‑yr) and negligence (3‑yr) | Held: Affirmed — statute begins at recording; latest accrual June 8, 2015 (2015 deed), so slander claim expired June 2016 and negligence claims expired June 2018 |
Key Cases Cited
- Countrywide Home Loans, Inc. v. Parker, 975 So. 2d 233 (Miss. 2008) (statute §89-1-29 is clear; apply plain meaning)
- Welborn v. Lowe, 504 So. 2d 205 (Miss. 1987) (conveyance of homestead without spouse's joinder is absolutely void)
- Ward v. Ward, 517 So. 2d 571 (Miss. 1987) (joinder requirement applies even where grantees take only after a life estate ends)
- Grantham v. Ralle, 158 So. 2d 719 (Miss. 1963) (historical purpose of homestead joinder is to protect spouse from husband conveying homestead without consent)
- O'Neal Steel, Inc. v. Millette, 797 So. 2d 869 (Miss. 2001) (statute of limitations for claims arising from a deed begins to run when the deed is filed/recorded)
- Lott v. Saulters, 133 So. 3d 794 (Miss. 2014) (action to recover land is subject to ten‑year rule, but related tort claims fall under shorter statutes of limitations)