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Mississippi Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Mississippi on
Q: I leased land from a landowner for 4 years to place a new mobile home on. Paid land rent monthly. Sister want to own it

I leasee land from a landowner for 4 years to place a new mobile home on. Paid land rent monthly. I have the receipts, a land rent agreement and a landlord waiver form from my mortgage company. The mobile home is registered with the courthouse here in Mississippi in my name. Now, this year a sister... View More

0 Answers | Asked in Real Estate Law for Mississippi on
Q: I leased land from a landowner for 4 years to place a new mobile home on. Paid land rent monthly. Sister want to own it

I leasee land from a landowner for 4 years to place a new mobile home on. Paid land rent monthly. I have the receipts, a land rent agreement and a landlord waiver form from my mortgage company. The mobile home is registered with the courthouse here in Mississippi in my name. Now, this year a sister... View More

1 Answer | Asked in Mergers & Acquisitions, Real Estate Law and Tax Law for Mississippi on
Q: is there anyway I can dispute and property sale of my decease mother if I was given incorrect info

I was told I had until the last day of September to pay the taxes on my mothers home and the city sold it on August 30 ( 1 month early)

Anthony M. Avery
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answered on Nov 29, 2024

Hire a MS attorney immediately about how to exercise an Heir's right of Redemption. There will be a short time period after the sale to prove your heirship and enforce your Redemption rights. You will need money to exercise this statutory right. Apparently talking to the taxing... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Grantor and grantee same person Mississippi
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answered on Nov 13, 2024

If the parties are exactly the same person, then the deed may be a nullity and convey nothing. But a verbatim reading of the entire instrument is required. And does the deed affect you or someone else? If so, a quiet title action may be in order.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Mississippi on
Q: I live in Walthall County Mississippi. Question: Will having a Family Cemetery on real property make it tax exempt?

And you live there too?

James L. Arrasmith
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answered on Oct 4, 2024

Establishing a family cemetery on your property in Walthall County, Mississippi, may offer certain tax benefits, but it doesn't automatically make the land fully tax-exempt. The exemption typically depends on how the property is used and whether it meets specific criteria set by local and... View More

2 Answers | Asked in Real Estate Law, Tax Law, Gov & Administrative Law and Government Contracts for Mississippi on
Q: My cousin just took over her mom's house, who recently died. The IRS has a tax lein on it. Income taxes were never paid.

The daughter says that the IRS will not let her do anything with the house (sell, rent, fix up, etc). She says the IRS told her that she's allowed to stay there a few times during the week, but if a family member or friend wants to stay the night or a wknd, she would have to be present the... View More

Jeffrey "Anton" Collins
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answered on Sep 1, 2024

The Federal Tax Lien is a legal tool the IRS uses to help secure and enable tax collection. Liens and other "security instruments" direct third parties to first use any proceeds (cash) from transactions to satisfy (pay-off) the associated debt.

However, not all lens are...
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1 Answer | Asked in Real Estate Law for Mississippi on
Q: I'm buying a$20,000 parcel of land. $15,000 down and owner financing 5,500. What paperwork should I get from seller.

Seller is doing all paperwork not using a realtor. Both trying to save on cost.

Anthony M. Avery
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answered on Aug 5, 2024

If you do not get a deed when you pay $ 15K, do not execute this transaction. Do not use a contract for deed, as it is only a lease with an option to purchase (which he will refuse and evict you). Getting a deed and giving a note secured by a deed of trust would suffice. Hire a MS attorney to... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Mississippi on
Q: If someone buys the house I’m leasing, can they evict me early?
Anthony M. Avery
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answered on Jun 11, 2024

New owner takes subject to the rights of those in leased possession. But owner can look for any kind of lease breach, or even seek possession without a legitimate reason. Be careful and consider other leaseholds if served.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: I hold the deed to my parents property both are deceased. I was asked for a deed from the heirs. What does this mean?

I hold the deed to the property though quit claim. The title co. stated that if I want to sell the property they will need to get deeds from the heirs. What does this mean.

Anthony M. Avery
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answered on Apr 30, 2024

Apparently you are not the fee owner. Others believe the heirs own as tenants in common. Hire a MS attorney to search the title and determine ownership.

1 Answer | Asked in Foreclosure and Real Estate Law for Mississippi on
Q: I am self-financing a property. The resident is now 4 months behind on his payments. What can I do?

I have texted reminders to him each m.onth. Property is in Lena, MS

Anthony M. Avery
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answered on Mar 11, 2024

If you have a Deed of Trust, then you must Foreclose. If you have a Contract(Lease With Option To Purchase), then you must sue for possession. Hire a MS attorney to handle this.

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Mississippi on
Q: What type of new Deed transfers property from an Administratrix Deed in MS? After Death, but with Judge's Orders?

Because i still need to transfer title after filing Affadavit To Heirship(?)

THANK YOU!!!

James L. Arrasmith
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answered on Jan 13, 2024

To transfer property in Mississippi from an Administratrix Deed after someone's death with the judge's orders, you typically need to use a Quitclaim Deed or a Warranty Deed, depending on the circumstances.

First, ensure that you've filed the Affidavit of Heirship as required...
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1 Answer | Asked in Civil Rights, Land Use & Zoning and Real Estate Law for Mississippi on
Q: My father owned 160 acres of land in Mississippi. I have the deed. Racial discrimination ran us off of it. Wht can I do?

My uncle was shot and killed, and they tried to kill my dad and my brothers. So we had to pack up everything and leave. Our neighbors just didn’t want black neighbors at the time. This was around 1950 ,but I still have the deed.

James L. Arrasmith
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answered on Jan 10, 2024

Your situation is deeply troubling and highlights a painful part of history. Holding the deed to the land is significant, as it establishes a legal claim. First, you should confirm the current status of the property. This can be done by checking the latest property records in the county where the... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Can I sue previous home owners for not disclosing information about a HOA. They didn't tell us that it existed

The home sits on a lake at the back of a cul de sac. The lake is accessible to those who live on it, and we are expected to pay annual dues. ($250) The HOA stated that the previous home owners did not pay dues because he stated they were remodeling the house.

Anthony M. Avery
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answered on Jan 8, 2024

Maybe but you should have searched the title prior to purchase. The property stands for the HOA fees, so you lose property if the encumbrance not paid.

1 Answer | Asked in Tax Law and Real Estate Law for Mississippi on
Q: I am an unmarried spouse surviver, disabled more than 65 years old I own less than an acre of land, do I Have to Pay tax

How do i get the answer?

James L. Arrasmith
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answered on Jan 8, 2024

As an unmarried, disabled individual over 65 owning less than an acre of land, your tax obligations depend on various factors, including the location of the property and your income. Property taxes are generally levied by local governments, and the rules can vary significantly from one jurisdiction... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: What practice area covers loud and raucous noise from neighbor?

Looking for legal advice for disruptive loud and raucous noise coming from neighbor's property in close-quarter living conditions. What practice area of law should I reach out to in order to act on this?

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answered on Jan 5, 2024

For issues related to loud and disruptive noise from a neighbor, you would typically look into attorneys practicing in the area of real estate or property law. These legal professionals often handle disputes between neighbors, including noise complaints and other nuisances.

In some cases,...
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1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Mississippi on
Q: Would this be a break in the Title Chain?

I completed a sale contract as a buyer with my realtor to buy a home from the seller who had a broker. In the contract I request both my sister and I to be on the warranty deed. Signing the Closing Disclosures I was the only one listed as borrower, no Co-Borrower. My Sister signed a non applicant... View More

Anthony M. Avery
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answered on Dec 18, 2023

The Deed of Trust has nothing to do with the Title. Somebody thinks your Sister is either a tenant in common, an occupant or a notemaker. So they required her signature also on the TD. If wrong, you should not have executed the transfer.

1 Answer | Asked in Real Estate Law and Libel & Slander for Mississippi on
Q: I need assistance with a slander of title claim on my property. It was filed by a local attorney at the court house

Surrounding land owners amended covenants with the help of an attorney to give themselves access to my land. I purchase a 36 acre lake that was included with the 90 acres I purchased from the previous owner. The previous owner allowed surrounding land owners to use the lake. When I purchased the... View More

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answered on Nov 15, 2023

You will have to hire a competent MS attorney to search the title and determine the existence of any other interests in your land. Prescriptive Use Easements may be established here. A Declaratory Judgment action against the claimants could determine they have no interests in your land, or you... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Purchased mobile home and property in MS. Have bill of sale. Can't contact seller to get title on mobile, what can I do

I have deed on property

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answered on Oct 25, 2023

If you've purchased a mobile home and the associated property in Mississippi but haven't received the title for the mobile home, there are several steps you can take. Firstly, ensure you maintain all relevant documents, including the bill of sale and the deed for the property. Continue... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: What can I do to sell a house and some land if one of three co-owners doesn’t want to sell?
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answered on Oct 18, 2023

In Mississippi, if one of three co-owners doesn't want to sell a jointly-owned property, you can initiate a partition action in court. This legal process can compel the sale of the property, with the proceeds distributed among the co-owners. For personalized legal advice tailored to your... View More

2 Answers | Asked in Estate Planning, Family Law, Land Use & Zoning and Real Estate Law for Mississippi on
Q: Can my father sell his partitioned land that he inherited from his parents through a reserved life estate to his sister?

My father inherited 10.13 acres of land from his parents through a reserved life estate and my sister and I were to inherit the land after his death but instead without our knowledge he sold it to his sister. What rights do I have at this point and what should I do, is what he done even legal in... View More

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answered on Oct 5, 2023

I think that you have the title a little mixed up. Hire a MS attorney to search the title and then advise you of the status. He probably can sell his estate in the land.

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