Real Estate Lawyers in Ocean Springs
Whether you are buying property, confirming title after a tax sale, trying to defend your property from wrongful foreclosure, or trying to get answers from your mortgage company, our attorneys can assist you. We handle numerous issues involving title work, closings, and foreclosure defense and can put our experience to work for you.
Buying or Selling Property
Our real estate attorneys can assist you with contract preparation, title research, obtaining title insurance, and closing on your real estate transaction. If you are a realtor or if you are buying or selling property and you need an attorney to help with the process, call our office for a free consultation.
Title Insurance protects against claims from defects in title. Defects are things such as another person claiming an ownership interest, improperly recorded documents, fraud, forgery, liens, encroachments, easements and other items that are specified in an insurance policy. Certain lenders may purchase title insurance for some loans secured by real estate but lenders, purchasers and sellers can all benefit from having title insurance.
When property taxes come due and they are not timely paid by the landowner, the County Tax Assessor will place a lien on the property. They will then auction the property on the last Monday of August in a delinquent tax sale. This tax sale allows the county to raise revenue even if property taxes are not paid. If the landowner pays the taxes within two years, the tax sale purchaser is entitled to their money back plus 1.5% interest on the initial lien amount. If the landowner does not redeem the taxes within two years of the tax sale, then the tax sale purchaser acquires the property by tax deed. This can be a very affordable way to acquire property, but it comes with risks. The tax deed that you acquire can be challenged by anyone that claims to have a legal interest in the property and claims that they were not properly notified of the delinquent taxes. To avoid unexpected challenges to your newly acquired property, it is important to confirm and quiet title to the property.
Tax Title Confirmation
Once a property is acquired by tax deed, Mississippi law allows a tax sale purchaser to initiate a lawsuit to quiet and confirm title to the property acquired by tax sale. This is a lawsuit where the former owners, heirs, and other interested parties are sued in order to validate the legality of the tax sale. Once judgment is granted, that judgment is “conclusive evidence” that the tax sale was valid and that the tax sale purchaser has full legal title to the property. Our tax title confirmation attorneys handle every step of this process including preparing the lawsuit, locating and serving all interested parties, and litigating any challenges to the sale. Once the tax title confirmation is complete, you have a full legal title to the property that you purchased. This process will greatly increase your ability to sell the property or insure it.