Full question:
In my divorce, I gave up my house to get away from my ex. He made no payments. Since both our names were on the loan, the bank tried to get me to pay even though I was unable to due to limited finances. I was to be held blameless. My ex never paid land taxes for 2010. Now an outsider has paid them and claimed the title to said property. I have the option to pay now. If I pay the taxes, could I reclaim the title and get my home back or will I still owe the bank for the past due amount? I live in Mississippi.
- Category: Real Property
- Subcategory: Foreclosure
- Date:
- State: Mississippi
Answer:
Based on your description, it seems the property has been sold due to unpaid taxes. In Mississippi, if the past due amount is not paid before the foreclosure sale, the sale is final, and you lose the right to reclaim the property. Once the sale concludes, there is no right of redemption, meaning you cannot reclaim the property even if you pay the taxes later.
If the property has already been sold, you may face a deficiency judgment from the bank for any remaining balance owed after the sale. This means the bank can pursue you for the difference between what was owed and what they recovered from the sale. A deficiency suit must be filed within one year of the sale date, or the bank loses the right to collect that amount (Miss. Code Ann. § 89-1-59).
If you wish to reclaim the property, you would need to pay the outstanding taxes to the tax collector. However, this does not automatically grant you the title back if the property has already changed hands.
For specific advice, consider consulting with a local attorney who can provide guidance based on your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.