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Mississippi Real Estate Records: A Comprehensive Guide

Introduction

Real estate records in Mississippi provide crucial information about property ownership, transactions, and legal status. Whether you’re a homebuyer, investor, real estate professional, or property owner, understanding these records can help you make informed decisions and protect your interests.

Types of Real Estate Records in Mississippi

1. Deeds

Deeds are legal documents that transfer ownership of real property from one party to another. Mississippi recognizes several types of deeds.

Warranty Deed

The most common type of deed in Mississippi real estate transactions, a warranty deed provides the highest level of protection for the buyer. The grantor (seller) guarantees that:

• They own the property and have the right to transfer it
• The property is free from encumbrances except those disclosed
• They will defend the title against any claims

Quitclaim Deed

A quitclaim deed transfers whatever interest the grantor has in the property without making any guarantees. These are commonly used for:

• Transfers between family members
• Removing a former spouse from a title after divorce
• Clearing up title defects

Special Warranty Deed

This deed warrants only against claims arising during the grantor’s ownership, not against claims that may have existed before they owned the property.

2. Mortgages and Deeds of Trust

In Mississippi, lenders use deeds of trust rather than traditional mortgages. These documents pledge real property as security for a debt.

Key components include:

• The promissory note (debt obligation)
• The deed of trust (security instrument)
• The legal description of the property
• Terms and conditions of the loan

3. Liens

Liens are claims against a property for unpaid debts. Various types of liens may appear in Mississippi real estate records.

Tax Liens

When property taxes remain unpaid, the county can place a tax lien on the property. Mississippi tax liens take priority over most other liens.

Judgment Liens

These arise when a court awards a monetary judgment against a property owner. The creditor can file the judgment with the county clerk to create a lien against the debtor’s real property.

Mechanic’s Liens

Contractors, subcontractors, and suppliers who provide labor or materials for property improvements can file mechanic’s liens if they aren’t paid.

4. Property Tax Records

Mississippi counties maintain detailed property tax records that include:

• Property value assessments
• Tax payment history
• Millage rates
• Tax exemptions (homestead, disability, etc.)
• Delinquent tax status

5. Plat Maps and Surveys

Plat maps show how properties are divided within a county, city, or township. They include:

• Property boundaries
• Lot dimensions
• Street and road locations
• Easements and rights-of-way
• Subdivision information

Surveys provide more detailed information about a specific property, including:

• Precise boundary measurements
• Location of structures
• Encroachments
• Easements affecting the property

6. Title Records

Title records document the ownership history of a property and any encumbrances that might affect the title.

These records include:

• Chain of title (historical ownership)
• Liens and encumbrances
• Easements and restrictions
• Pending legal actions affecting the property

7. Restrictive Covenants and HOA Documents

Many Mississippi properties are subject to restrictive covenants that limit how the property can be used.

These documents may specify:

• Architectural requirements
• Land use restrictions
• Maintenance obligations
• Homeowners association (HOA) rules and dues

8. Easements

Easements grant specific rights to use a portion of property owned by someone else.

Common types include:

• Utility easements (allowing power companies, water utilities, etc. to access property)
• Access easements (providing rights-of-way to landlocked properties)
• Conservation easements (restricting development to preserve natural resources)

9. Foreclosure Records

When property owners default on mortgage payments, lenders may initiate foreclosure proceedings.

Mississippi foreclosure records include:

• Notice of default
• Notice of sale
• Trustee’s deed (transfers ownership after foreclosure sale)
• Redemption information (if applicable)

10. Property Assessor Records

County tax assessors maintain detailed information about properties for tax purposes.

These records typically include:

• Property characteristics (size, features, improvements)
• Building permits and additions
• Assessment values
• Property classification (residential, commercial, agricultural)
• Ownership information

Where to Find Mississippi Real Estate Records

County Chancery Clerk’s Office

Most real estate records in Mississippi are filed with and maintained by the Chancery Clerk in each county. The Chancery Clerk serves as:

• Recorder of deeds
• Clerk of the Chancery Court
• County auditor
• Clerk of the Board of Supervisors

Online Resources

Many Mississippi counties now offer online access to real estate records through:

• County websites
• Third-party record search platforms
• Mississippi Secretary of State’s website (for certain records)

Mississippi Department of Revenue

The Department of Revenue maintains certain property tax records and information about:

• Tax exemptions
• Assessment guidelines
• State-wide property tax policies

Understanding Mississippi’s Recording System

Mississippi uses a race-notice recording system, which means:

• The first person to record a valid deed generally has priority
• However, if a later purchaser has no notice of an earlier unrecorded deed, the later purchaser may have priority by recording first
• Recording provides constructive notice to the world about property interests

Conclusion

Understanding Mississippi real estate records is essential for anyone involved in property transactions in the state. These records provide the foundation for establishing ownership, determining property rights, and protecting your real estate investments.Whether you’re researching a property’s history, preparing for a transaction, or resolving a boundary dispute, knowing how to access and interpret these records will give you a significant advantage.Note: Laws and procedures regarding real estate records can change. Always consult with a qualified real estate attorney or professional for the most current information specific to your situation.