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Mississippi Real Estate Law Questions & Answers
2 Answers | Asked in Bankruptcy and Real Estate Law for Mississippi on
Q: Can lenders require payoff post-Ch 7 discharge in MS?

In Mississippi, if a mobile home mortgage debt is discharged through Chapter 7 bankruptcy without reaffirming the debt, is a lender required to accept a payoff to stop repossession, or must they allow for reinstatement? I've received mixed information on this and am looking for clarity... View More

Randall R. Saxton
Randall R. Saxton
answered on Nov 6, 2025

Mississippi’s UCC gives you a statutory right to redeem the collateral by paying the full amount owed (the entire accelerated balance) plus reasonable repossession/attorney’s fees and costs any time before the lender disposes of it. The lender must allow that payoff/redemption; they do not have... View More

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2 Answers | Asked in Real Estate Law for Mississippi on
Q: How to file for adverse possession in MS after living in a property for 14 years?

I have been living in a property for 14 years in Mississippi, and I have been paying the property taxes for 10 of those years. The owner passed away in 2012, and I have communicated with the heirs who have expressed no interest in the property. I have also made improvements to the property. How can... View More

Jason Savarese
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answered on Sep 30, 2025

To establish title by adverse possession in Mississippi, you must prove in court, by clear and convincing

evidence, that your possession of the real property was (1) under claim of ownership; (2)

actual or hostile; (3) open, notorious, and visible; (4) continuous and uninterrupted...
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2 Answers | Asked in Elder Law, Estate Planning, Foreclosure and Real Estate Law for Mississippi on
Q: What legal actions can I take to prevent my mother from losing her house in Mississippi?

I am concerned about my mother's wellbeing and her financial situation. My daughter has the legal power to manage my mother's affairs, possibly through Power of Attorney, but she moved my mom out of her house and has not been paying the mortgage, which is now three months behind. My... View More

Jason Savarese
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answered on Sep 30, 2025

You can pay the mortgage payments to get the account current, and then file in Chancery Court in your mother's county for a conservatorship. You will need a lawyer to do that. The conservator appointed by the court would then control your mother's assets, and they must file an annual... View More

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3 Answers | Asked in Probate and Real Estate Law for Mississippi on
Q: Guidance needed on probate process for mother's property in Mississippi with quitclaim deed.

I am one of eight siblings, and our mother left us a quitclaim deed for a property located in Mississippi. We all live in Arkansas and Texas. I'm delegated to seek guidance on the probate process, as the executor was not specified. Our family is in agreement regarding the property access... View More

Jason Savarese
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answered on Sep 30, 2025

A quitclaim deed avoids the need for probate. Wills go to probate court, as do estates without a will where no successor owner is named for assets, but a quitclaim deed is a way to avoid probate court altogether. The deed says who owns the land and any conditions to the ownership. A buyer may... View More

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2 Answers | Asked in Landlord - Tenant, Estate Planning, Probate and Real Estate Law for Mississippi on
Q: How can we handle someone refusing to leave an elderly parent's home in Mississippi, attempting to claim the property?

In the state of Mississippi, how can we address a situation where a person moved their belongings into an elderly parent's home 10 years ago after a divorce, without paying rent or expenses, and refuses to leave despite requests from the homeowner and family? This person is an adult child of... View More

Randall R. Saxton
Randall R. Saxton
answered on Jul 10, 2025

As they have lived there so long and established residence, the homeowner will need to serve them a 30 day notice to quit. If they don’t leave after this, the homeowner can file for eviction in the Justice or County Court.

However, without a will, the child will become a partial owner...
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2 Answers | Asked in Probate and Real Estate Law for Mississippi on
Q: Transferring inherited property to my name in Mississippi

I have lived my whole life in a property that belonged to my parents, who have now passed away. There is no will or estate planning documents regarding the property, and I have not gone through any probate process. I have been paying the taxes on it and recently redeemed it from a tax sale. I have... View More

Anthony M. Avery
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answered on Jun 17, 2025

Hire a competent MS attorney to search the title and determine heirship. An Affidavit of Heirship will need to be recorded as the heirs source of title. Then ask if the other heirs will convey their interests over to you as the fee owner.

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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 Landlord - Tenant, Civil Litigation and Real Estate Law for Mississippi on
Q: Can my landlord change the locks before eviction for noise and rent issues?

I am facing eviction with a 30-day notice in Jackson County, MS, which expires on November 13, 2025. I lived in unit #326 for nearly 8 years before moving to unit #327 for financial reasons after my husband's passing in 2023. Since the new management took over in October 2025, I've faced... View More

James L. Arrasmith
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answered on Nov 10, 2025

You are not subject to a lock change without a court judgment for eviction and a writ of possession executed by the sheriff; any “self-help” lockout in Mississippi is unlawful. If management tries to change the locks on November 14, call law enforcement, record the interaction, and state that... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Mississippi on
Q: Can my landlord require me to pay the light bill without a written agreement?

Can my landlord, in Jackson County, Mississippi, require me to pay the light bill without a formal lease agreement stating this? Three years ago, we agreed informally that I would pay rent according to an old lease, which states I am responsible for utilities. However, my landlord recently insisted... View More

James L. Arrasmith
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answered on Nov 8, 2025

You can be held to pay utilities in Mississippi if your lease—written or oral—makes you responsible; leases longer than one year must be in writing, but a month-to-month arrangement can be oral. Because you agreed to keep paying “according to” the old lease that put utilities on you, a... View More

1 Answer | Asked in Contracts, Landlord - Tenant, Family Law and Real Estate Law for Mississippi on
Q: Do I have the right to take items I bought from a shared home in Mississippi?

I am planning to leave a shared living situation with my partner in Mississippi. I have receipts for items I personally purchased, including a living room set, refrigerator, and stove. My partner is unaware that I am planning on leaving, and there is no formal agreement between us regarding... View More

James L. Arrasmith
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answered on Nov 5, 2025

That’s an understandable concern, especially when you’ve invested your own money into shared household items. In Mississippi, ownership of personal property is generally determined by who purchased the item, regardless of where it’s located. If you have receipts showing that you bought the... View More

1 Answer | Asked in Real Estate Law and Contracts for Mississippi on
Q: What are the options to sell a property with multiple grantors in agreement in Mississippi?

I am one of the grantors of a property located in Mississippi, which is co-owned with my siblings, and two nephews and two nieces. We are all in agreement to sell the property, but we haven't started any formal process yet. What are the options for us to proceed with the sale given our... View More

James L. Arrasmith
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answered on Oct 25, 2025

Because you and your siblings, nephews, and nieces agree to sell, you can proceed by collective conveyance. Start by ordering a Mississippi title commitment to confirm vesting and liens and to determine whether any spouse must sign to release homestead rights.

The cleanest path uses one...
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