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Mississippi Real Estate Law Questions & Answers
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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Q: Seeking an attorney for public corruption case linked to HUD eviction and alleged management misconduct.

I need an attorney who will work on a contingency basis for a case involving public corruption. The apartment I was evicted from was funded by HUD, and the management allegedly lied during the eviction hearing. I have documents proving these lies, which seem to implicate management in misusing... View More

James L. Arrasmith
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answered on Apr 16, 2025

It sounds like you’re dealing with a serious matter involving both housing rights and possible government misconduct. If the management of a HUD-funded property knowingly lied during your eviction proceedings and misused federal funds, that can trigger both civil and possibly criminal liability.... View More

Q: Time to file lawsuit after Notice of Claim with state employees and HUD issues in MS

I was evicted in November 2024 in Mississippi after issues began in April 2024. I filed a Notice of Claim with management, who handle HUD funds, on March 10, 2025, regarding their failure to enforce HUD Rules and Regulations for all tenants. The Federal Agency is investigating potential fraud by... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Mississippi, after filing a Notice of Claim against state employees, you typically need to wait 90 days before you can file a lawsuit. This waiting period allows the state to investigate and potentially resolve the issue without court intervention. If the management or the state fails to respond... View More

Q: Can I still sue after submitting a Notice of Claim for an April 2024 eviction in Mississippi?

I submitted a Notice of Claim to Mississippi state employees in March 2025 concerning an eviction related to lease violations that began in April 2024. The eviction involved government HUD funds, and I'm aware there is a federal investigation ongoing. There's been no response from the... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Mississippi, submitting a Notice of Claim helps preserve your right to file a lawsuit, but it’s essential to understand the time frame within which you can take further action. The statute of limitations for filing lawsuits against government entities or state employees is usually limited to a... View More

Q: Do I retain the right to sue after filing a Notice of Claim against Water Valley Housing Authority in Mississippi?

I need advice on Mississippi law regarding a Notice of Claim I submitted to the Water Valley Housing Authority in March 2025. I initiated this notice to protect my right to sue, following issues that began in April 2024 relating to my eviction from government-funded apartments. The management... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Mississippi, filing a Notice of Claim is an important step when pursuing legal action against a government entity like the Water Valley Housing Authority. The notice typically serves as a formal way to notify the agency of your intention to file a lawsuit, which is required before you can... View More

Q: Seeking representation for a lawsuit involving state and federal HUD compliance issues post-eviction.

I have been handling a legal matter since my eviction began in April 2024. It involves both state and federal issues related to non-compliance with HUD Rules and Regulations by an Executive Director. I submitted a Notice of Claim in March 2025 and understand that I have a year from the initial... View More

James L. Arrasmith
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answered on Apr 13, 2025

Given that your case involves both state and federal issues related to HUD compliance, you’ll need an attorney who is well-versed in housing law, particularly with cases involving government agencies and violations of regulations. The fact that you have evidence suggesting the Executive Director... View More

Q: How long is the deadline to file a lawsuit in Mississippi regarding a housing authority eviction starting April 2024?

I gave a Notice of Claim to the Water Valley Housing Authority in Water Valley, Mississippi, regarding my eviction that began in April 2024. During the eviction hearing, I believe the Executive Director lied under oath, stating she was following all HUD rules, which I contest. I've contacted... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Mississippi, the time limit to file a lawsuit regarding housing disputes, including evictions, depends on the specific legal grounds of your case. If your claim involves a violation of federal housing laws or the violation of rights under the Fair Housing Act, you typically have one year from... View More

Q: Can I sue after Notice of Claim extension despite no response?

In April 2024, I began facing an eviction from government-funded apartments managed by state employees. I believe the management did not follow all HUD rules and regulations for tenants, despite the manager stating under oath that all rules were followed. I filed a Notice of Claim on March 10,... View More

James L. Arrasmith
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answered on Apr 12, 2025

Since you filed a Notice of Claim in March 2025, it's important to understand that this notice typically extends the deadline for filing a lawsuit against the government or state entities. However, the extension may be subject to specific timelines defined by state or federal law. If the... View More

1 Answer | Asked in Probate and Real Estate Law for Mississippi on
Q: Executor's right to reside in estate and heirs' buyout dispute in MS

I am the executor of an estate currently in probate and residing in the estate as outlined in the will. There are disputes among the heirs, as they now wish to buy me out and take ownership of the house and land. I wish to continue living in the estate and get my share of the land. How should I... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’re in a challenging situation, especially with the disagreement among the heirs. As the executor, you have the responsibility to manage the estate according to the will, but that doesn’t automatically grant you the right to stay in the estate if the heirs wish to sell or buy... View More

1 Answer | Asked in Gov & Administrative Law, Landlord - Tenant and Real Estate Law for Mississippi on
Q: Served Notice of Claim on eviction, no response. Next steps?

I served a Notice of Claim on the Water Valley Housing Authority on March 10, 2025, concerning an eviction related to government funds from HUD managed by the Housing Authority. I have not received any response. I prepared this claim myself and do not have legal representation. I possess all the... View More

James L. Arrasmith
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answered on Apr 12, 2025

You’ve already taken some important steps by serving the Notice of Claim and gathering your documentation. In Mississippi, after serving a Notice of Claim to a public entity like a housing authority, you typically need to wait 90 days before filing a lawsuit to give them a chance to respond.... View More

1 Answer | Asked in Agricultural Law, Tax Law and Real Estate Law for Mississippi on
Q: Can filing an ag exemption form lower my land taxes in Mississippi?

I own a property in Mississippi, where I maintain 30 acres of hay, 30 acres of corn, and use 3 acres to keep horse and cow. Can my land taxes be lowered by filing an agricultural exemption form considering my current usage of the land?

James L. Arrasmith
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answered on Apr 12, 2025

In Mississippi, agricultural property can qualify for a reduced property tax assessment if it's used for bona fide agricultural purposes. Your 30 acres of hay, 30 acres of corn, and 3 acres for horses and cows may meet the criteria for agricultural use. To benefit from this, you'll need... View More

2 Answers | Asked in Agricultural Law, Employment Law, Landlord - Tenant and Real Estate Law for Mississippi on
Q: Threatened eviction after being fired; no formal documentation.

I have been an employee for a farmer who owns Sistrunk Farms, LLC. Recently, after a meeting, our boss told everyone we "quit," even though we did not, and he fired us. My boss also threatened to turn off our utilities by Monday if we are not out of the house, even though there is no... View More

James Blount Griffin
James Blount Griffin
answered on Apr 4, 2025

The problem for the landlord is that labor law and eviction law are under different statutes and standards. I would go to the local legal aid office; look up "Mississippi Center for Legal Services Alabama" on the web.

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