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Mississippi Real Estate Law Questions & Answers
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

Anthony M. Avery
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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 Contracts, Civil Litigation and Real Estate Law for Mississippi on
Q: Is it a breach of contract if investor added extra fees post-signing?

I'm based in Mississippi and attempted to secure a hard money real estate loan with an investor from Phoenix, AZ. We signed a contract online, which stipulated an origination fee to be paid, and the loan funds were to be disbursed within one business day upon completion and verification of... View More

Tim Akpinar
Tim Akpinar
answered on Mar 29, 2025

A Mississippi attorney could advise best, but your question remains open for two weeks. Yes, it could be a breach, and it could also be a misunderstanding due to communication. From a textbook standpoint, one party acting on their own does not usually have authority to change the terms of a... View More

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1 Answer | Asked in Probate, Real Estate Law, Insurance Bad Faith and Civil Litigation for Mississippi on
Q: How can I contest relatives unlawfully seizing inheritance in MS?

I suspect my relatives unlawfully seized my inheritance in Mississippi, including property and insurance left by my deceased father Ralph Bishop, an heir to his father, Frank Hagmon Bishop, a Navy veteran. Despite my rightful ownership, assets were transferred, perhaps to California, with potential... View More

Anthony M. Avery
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answered on Mar 5, 2025

If you feel real property should have been inherited by you, hire a MS attorney to search the title and determine heirship. If you are a tenant in common, sue the other recorded tenants either for Partition or possibly Ejectment. Time is of the essence here. As to insurance, contact the... 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

2 Answers | Asked in Tax Law and Real Estate Law for Mississippi on
Q: My dad and I have the same name so he bought land and used my social and I didn’t know how do property taxes work on tha

That if I never received a bill for property taxes now he has past

James L. Arrasmith
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answered on Feb 4, 2024

I understand your situation with your father using your social security number to purchase land, resulting in a lack of property tax bills. It's crucial to address this issue promptly to avoid potential legal complications.

First, consult with an attorney who specializes in real...
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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 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?

James L. Arrasmith
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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 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

James L. Arrasmith
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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 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

James L. Arrasmith
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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 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

James L. Arrasmith
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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 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

James L. Arrasmith
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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 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.

James L. Arrasmith
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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 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

James L. Arrasmith
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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

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

James L. Arrasmith
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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 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

James L. Arrasmith
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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

James L. Arrasmith
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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

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

James L. Arrasmith
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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

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