MS
Mississippi
Mississippi mortgage foreclosures are usually nonjudicial power-of-sale foreclosures, with the substituted trustee accounting for the proceeds and holding surplus for those entitled by priority. Tax sales are conducted by county tax collectors and matured tax titles are handled through the Secretary of State's office, each with separate claim procedures.
Terms commonly used in Mississippi
These are legally different procedures and are kept separate on purpose. Make sure you are reading the one that matches your sale.
In Mississippi, counties hold an annual tax sale for properties with unpaid property taxes. Investors bid at the sale, and the property owner has a two-year redemption period to pay back what's owed and keep the property. If land is sold at the tax sale for more than the taxes and costs due, Mississippi Code §27-41-77 requires the tax collector to report that extra amount, called 'excess,' to the chancery clerk, who deposits it into the county treasury. If the property is redeemed during the two-year period, the excess is generally kept by the county rather than returned. However, if the property is not redeemed and the tax sale becomes final, the former owner can request the excess funds from the chancery clerk. There is a time limit on how long an owner can wait to claim it, after which the county keeps the money permanently, so acting quickly after finding out about excess funds is important.
Who may have a claim
- Former property owner
- Heirs of the former owner
- Estate representative
- Co-owners on the deed
- Mortgage holders (in some circumstances)
Priority among claimants may depend on title, recorded liens, court orders, probate and state law. Being listed here does not mean a claim will succeed.
Where the money may be held
- County chancery clerk
- County treasury
Commonly required documents
- Government-issued photo IDCommonly required
- Copy of the tax sale record or memorandum of excessCommonly required
- Deed or proof of prior ownershipCommonly required
- Written request/claim letter to chancery clerkCommonly required
- Death certificate and letters testamentary (if claiming as heir)Situation-dependent
- Proof of current mailing addressCommonly required
- W-9 or payment processing formSituation-dependent
- Affidavit of heirship (if applicable)Situation-dependent
Could an attorney be needed?
Attorney may be advisable
Circumstances where legal help is more often advisable or required
- • The former owner is deceased
- • Probate has not been opened
- • Multiple heirs disagree
- • The claimant is a trust or business entity
- • Competing lienholders filed claims
- • Ownership is disputed
- • There is an assignment or transfer of claim
- • The claim requires a motion or petition
- • A hearing is scheduled
- • Another party objects
- • There are bankruptcy issues
- • There are judgments or unresolved liens
- • The claimant is a minor or incapacitated person
- • The deadline may have expired
- • The claimant lives outside the United States
- • The court requires representation for an entity
- • Local rules require attorney involvement
Dependable Funds Recovery is not a law firm and does not provide legal advice. When legal representation is required or advisable, clients may be referred to an independent licensed attorney.
Deadlines
Mississippi Code §27-41-77 sets a time limit for the former owner to request the excess before the county keeps it, but the exact number of years should be confirmed directly with the statute text or chancery clerk, since amendments can occur.
- Trigger date
- expiration of the redemption period and statutory claim window
- Varies by county or claim type
- No
- Confirmed against an official source
- Not yet verified
- Source last checked
- 2026-08-04
Typical claim complexity
Moderate
Why, specifically:
- • County-level chancery clerk administration
- • Two-year redemption period affects timing
- • Statutory claim deadline after which funds are forfeited to county
- • Possible multiple heirs claiming
Complexity is shown so you can judge the work involved for yourself. A complex rating does not mean you cannot file on your own.
Official resources
Official links for Mississippi have not been verified and published yet.
Sources and review record
- Date last reviewed
- 2026-08-04
- Reviewed by
- Johnny — Dependable Funds Recovery
- Mississippi Code §27-41-77 — Miss. Code Ann. §27-41-77 (checked 2026-08-04)
County, court, and trustee procedures may differ from statewide practice. Laws, forms, fees, and deadlines can change without notice.
This page is general information, not legal advice, and is not a substitute for reading the controlling statute, rule, order or official instructions for your case.
Optional
Guided claim checker
Answer a short set of questions about your Mississippi situation and we will show you, in plain English, which review steps typically apply. This is general education only — not legal advice, and not a guarantee that funds exist or can be recovered.
Not sure which process applies to your case?
Submitting information does not create an attorney-client relationship, guarantee eligibility, or guarantee recovery. You may be able to pursue a claim directly through the applicable court, county, trustee, or government agency.