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Mississippi Real Estate Law Questions & Answers
1 Answer | Asked in Civil Litigation, Landlord - Tenant, Contracts and Real Estate Law for Mississippi on
Q: My cars were towed without property owner's consent. What can I do?

I live with my mom, and I had two of my cars parked at her property. My brother, who does not live there, had my cars towed without the property owner's consent. A towing company asked me to move one of the cars, and I complied and moved it, yet both cars were still towed. What can I do about... View More

James L. Arrasmith
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answered on Jun 10, 2025

This situation is frustrating, and you're right to feel like your property was taken unfairly. If your brother doesn’t live on the property, he likely had no legal authority to order the cars towed—especially if your mom, the property owner, did not consent. That alone could make the tow... View More

2 Answers | Asked in Probate and Real Estate Law for Mississippi on
Q: How to identify and address a lien on inherited property in Mississippi?

I recently transferred my deceased parents' property title into my name to sell it to my sister. During this process, I discovered that there is a lien on the property. How do I find out what kind of lien it is and address it?

Anthony M. Avery
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answered on Jun 6, 2025

Initially you need to hire a MS attorney to search the attorney. The lawyer can examine the lien, and decide how to get it released, or convey subject to it. The SOL to enforce it may have run so that a quiet title action might be available.

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1 Answer | Asked in Construction Law and Real Estate Law for Mississippi on
Q: How to file a mechanics lien in Mississippi for unpaid construction work?

I supplied labor, materials, and funds totaling $31,160 for construction and land clearing in Stone County, Mississippi. The property owner agreed to reimburse me once the property was sold. Despite my attempts to contact them over the past year, they have not responded, and I have not received any... View More

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answered on Jun 12, 2025

In Mississippi, filing a mechanics lien starts with strict deadlines, so time is critical. You must file the lien within 90 days from the last day you provided labor, materials, or funds to the project. If it’s already been more than 90 days, unfortunately, you may not be able to file a valid... View More

2 Answers | Asked in Criminal Law, Civil Rights, Landlord - Tenant and Real Estate Law for Mississippi on
Q: Arrested mistakenly for felony possession, now facing contempt issues.

I was originally arrested in March for a felony possession of a controlled substance after a traffic stop, where my dog's asthma pills were mistaken for controlled substances. Initially, I was held for 7 days without seeing a judge or attorney. They later released me on a misdemeanor bond and... View More

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answered on May 31, 2025

Hire a MS attorney to represent you. Be prepared to show up at Court off the Docket and take care of the charge that day.

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1 Answer | Asked in Real Estate Law, Estate Planning and Contracts for Mississippi on
Q: Ensure living rights on a property after signing away rights.

I'm 62, and my sister, who is 64, lives with me on a property where I signed away all rights before my mother's passing. We live in separate houses on the same property, sharing utilities, and I have invested money into it. I want to ensure I can continue living there if my sister passes... View More

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answered on Jun 10, 2025

You’re absolutely right to start thinking about this now—especially after putting time, money, and love into the place you call home. If you signed away your rights to the property, then legally you don’t have ownership, but that doesn’t mean you can’t protect your right to stay. What you... View More

2 Answers | Asked in Consumer Law, Insurance Bad Faith and Real Estate Law for Mississippi on
Q: Is it illegal for insurance to deny claim after 5 years due to installation issues?

I bought a house 5 years ago, and the insurance agent approved the policy and took the premium payments. Recently, shingles came off my roof, and the insurance company is denying my claim, citing improper installation and two layers of shingles. It seems unfair that they collected premium payments... View More

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answered on May 23, 2025

Hire a MS attorney to sue for breach of contract. But you may have run the SOL already.

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1 Answer | Asked in Real Estate Law and Contracts for Mississippi on
Q: Rental agreement dispute with multiple landlords for a property in a life estate.

I’ve been living on a property for over a year that’s held through a life estate. Recently, a sibling of my original landlord came and signed new rental agreements with me and other tenants. Now both the original landlord and the sibling are asking for rent payments. Each agreement specifies a... View More

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answered on Jun 5, 2025

It sounds like the core issue is figuring out who actually holds the right to collect rent under the life estate. You’ll need to request a copy of the deed or life estate documents from the county recorder’s office (or ask the original landlord to share them) so you can see who is legally... View More

Q: Can I file a Motion for Relief in a different county in MS?

I have already been evicted and issued a Notice of Claim. I want to know if I can file a Motion for Relief from Judgment in the county where the alleged perjury and case events took place, rather than the county where the eviction judgment was made. Additionally, I read that if I don't file a... View More

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answered on May 15, 2025

You're right to ask these questions, especially when time and jurisdiction play such a critical role in how your case is handled. A Motion for Relief from Judgment under Mississippi law typically must be filed in the same court—and county—that issued the original judgment. That means if... View More

1 Answer | Asked in Landlord - Tenant, Collections, Civil Litigation and Real Estate Law for Mississippi on
Q: Seeking advice on unexpected wage garnishment after eviction-related lawsuit in MS.

Two years after receiving an eviction notice, my employer informed me of a wage garnishment, but I never received any notification of judgments or garnishments. They are trying to garnish $200 a week, which is unrealistic as a single mother of two. I was supposedly sued for three months of unpaid... View More

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answered on May 15, 2025

Finding out about a wage garnishment without ever receiving notice is incredibly stressful, especially when you're trying to support your family. You have the right to understand how the judgment was entered and to challenge it if proper notice wasn’t given. If you were told not to attend... View More

1 Answer | Asked in Gov & Administrative Law, Civil Litigation and Real Estate Law for Mississippi on
Q: Can reciprocal agreement permit 85,000 pounds in Arkansas despite tickets?

I'm permitted and tagged with Mississippi, which has a weight limit of 88,000 pounds with a harvest permit. Arkansas has a limit of 85,000 pounds with a harvest permit. Despite a reciprocal agreement between the two states, the Arkansas DOT officers continue issuing tickets for being over... View More

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answered on May 15, 2025

Reciprocal agreements between states often allow certain commercial vehicle privileges across state lines, but they don’t always guarantee full acceptance of all permit types—especially when it comes to weight limits. Even if Mississippi allows 88,000 pounds with a harvest permit, Arkansas... View More

2 Answers | Asked in Contracts and Real Estate Law for Mississippi on
Q: Validity of a non-notarized property contract and warranty deed dispute in Mississippi

I signed a contract and a warranty deed for property with my five siblings. The paperwork explicitly required each signature to be notarized. Three of my siblings signed in front of a notary, but two did not. The property is in Mississippi, and now the two siblings whose signatures were not... View More

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answered on May 2, 2025

You will need a MS attorney to examine the document. But land is conveyed by an executed and delivered Deed, not just a contract to do something. Who is the grantee? He does not need to sign the Deed. If the document can be construed as a Deed, then any proper grantors have already conveyed... View More

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2 Answers | Asked in Civil Litigation and Real Estate Law for Mississippi on
Q: How can I sue my neighbor for building and renting a house on my property?

I want to sue my neighbor for conversion because he has taken over a large portion of my property and built a house on it, which he is renting out. I have asked him to remove the home, but he has refused. The city also sent him a letter asking him to remove the home. I have not received any... View More

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answered on May 2, 2025

You must hire a MS attorney to file an Ejectment and/or Boundary Dispute action now. Time is running. Suit will be expensive and difficult. It sounds like you have your surveyor witness but you are going to have to have someone put in your title evidence.

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1 Answer | Asked in Gov & Administrative Law, Landlord - Tenant and Real Estate Law for Mississippi on
Q: Can I wait another 90 days to file lawsuit if state doesn't respond to Notice of Claim?

I submitted a Notice of Claim to the state of Mississippi regarding an eviction issue involving state employees who handle government HUD funds, but I received no response. I am still in the process of finding an attorney. I read that once the other party responds, I have an additional 90 days to... View More

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answered on May 15, 2025

In Mississippi, once you file a Notice of Claim against the state or its employees, the law gives them 90 days to respond before you are allowed to file a lawsuit. This waiting period is meant to give the state a fair chance to investigate and resolve the issue without litigation. If they don’t... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Mississippi on
Q: What are our rights if my mother demands we move our indoor cats outside after transferring 1/2 house interest to us?

I have been living in my mother's house in Mississippi for five years. She transferred a 1/2 interest to my sister and a 1/2 interest to my wife and me as joint tenants with full rights of survivorship. The deed states that my mother reserves a life estate. She claims now that our living... View More

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answered on May 15, 2025

Since your mother transferred half of the property to you and your wife, you now have a legal interest in the property as joint tenants. However, because your mother reserved a life estate, she retains the right to live on the property for the rest of her life, even though she no longer owns it... View More

1 Answer | Asked in Contracts and Real Estate Law for Mississippi on
Q: My house was listed by a realtor without my consent, despite having a signed contract for sale.

I discovered that my house, which I have a signed contract to sell to a cash buyer, Blue Key Solutions, LLC, with a closing date of 5/23, has been listed on the MLS by a realtor without my consent or knowledge. I have no agreements with the realtor. How should I proceed to resolve this situation... View More

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answered on May 15, 2025

You need to address the situation promptly to protect your rights and ensure the sale goes forward as planned. First, contact the realtor and request that they immediately remove your property from the MLS. Explain that you have an existing signed contract with Blue Key Solutions, LLC, and that the... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant, Criminal Law and Real Estate Law for Mississippi on
Q: How to pursue perjury charges after an eviction hearing in Mississippi?

How can I proceed to get the District Attorney's Office to investigate perjury in my eviction hearing in Mississippi? I submitted charge papers at the Sheriff’s office, detailing proof that the Executive Director lied under oath during the hearing. The District Attorney's office stated... View More

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answered on May 15, 2025

Pursuing perjury charges after an eviction hearing in Mississippi can be challenging, but it’s not impossible if you have strong, clear evidence that false statements were knowingly made under oath. The District Attorney is correct in saying that perjury must meet criminal standards—meaning the... View More

1 Answer | Asked in Real Estate Law and Consumer Law for Mississippi on
Q: How can I address and find a lawyer for suspected mortgage fraud in Mississippi related to my Shellpoint modification agreement?

I am dealing with what I believe might be mortgage fraud related to a modification agreement with Shellpoint. The modification has resulted in me owing $50,000 more, and out of my $1,492 monthly payment, only $3.98 goes to the principal while $1,200 is charged as interest each month. This agreement... View More

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answered on May 15, 2025

It sounds like you're dealing with a serious situation regarding your mortgage modification. The first thing to do is thoroughly review your modification agreement and all related documents. Make sure you fully understand the terms, especially the interest rates and how payments are being... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Mississippi on
Q: In the state of Mississippi in lease agreement when it’s not clearly stated what is “improper”parking is this legal?

My daughter’s car was towed at college apt complex in middle of night. The lease does not explicitly state what constitutes improper parking .My daughter’s car was towed in middle of night for being over the painted line.

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answered on May 15, 2025

It’s understandable to feel upset when something like this happens unexpectedly, especially to a student far from home. In Mississippi, landlords and property managers are generally allowed to enforce parking rules, but those rules must be clearly communicated—either in the lease agreement or... View More

Q: How can I bring charges for perjury and reopen my eviction case in Mississippi?

I was evicted from a government-funded apartment in Mississippi after representing myself at the eviction hearing. During the hearing, the Executive Director of the apartments and the Maintenance Director lied under oath, claiming they followed all HUD rules and regulations for all tenants. I have... View More

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answered on May 14, 2025

You can start by gathering all your lease documents, court transcripts, and any evidence showing the directors’ sworn statements were false. Take these materials to the district attorney’s office in the county where the eviction occurred and ask them to review your evidence for possible perjury... View More

Q: How to address perjury in an eviction case in Mississippi after deadline.

I represented myself during my eviction hearing in Mississippi in November 2024, and the management lied under oath, claiming all tenants were evicted, but others are still on the property. I have proof of their false statements. Unfortunately, the ruling was against me, and I believe the deadline... View More

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answered on May 15, 2025

What you’re facing is painful and unjust, especially if the court's decision was based on false testimony. Even though the deadline for a standard appeal may have passed, there may still be a path forward. In Mississippi, if you can show that the judgment was obtained through fraud or... View More

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