A tax sale takes place when there are outstanding taxes on real estate. Mississippi tax sales usually take place on the last Monday in August and are well noticed in local newspapers. In the case of tax sales, taxes are auctioned by competitive bidding using a tendering system. The successful bidder pays the taxes due on the property. This payment of taxes becomes a lien on the property in favor of the buyer. The buyer receives a tax lien certificate to prove their claim on the property. As soon as the tax sale ends, the collector hands everything over to the clerk`s office. Expired lands are held for sale by the Public Lands Division. These lands represent properties that have been confiscated for the benefit of the State of Mississippi due to non-payment of ad valorem taxes.
Individuals, businesses and government agencies can apply to the Office of the Secretary of State for the purchase of these properties. Our goal is to make productive use of these areas again on local tax lists. Depending on the county, tax sales take place either on the first Monday in April or the last Monday in August. The sale will be made from 8:30 a.m. to 4:30 p.m. until completion. If more packages are to be sold, the sale will resume where it left off at 8:30 a.m. on the next business day (Code Ann.
Miss. § 27-41-59) The sale of tax privileges takes place online each year from the last Monday in August and continues until the sale of all defaulting packages. The sale usually lasts between five and seven days. (1) The amount paid by the purchaser of land on a tax sale for taxes, either state and county, or municipality, and interest on the amount paid by the purchaser of one and a half percent (1-1/2%) per month or a fraction thereof, and all sales and registration fees, Of which there is a lien on the property in favour of the buyer and the holder of title under him, by descent or purchase, if the taxes for which the property was sold were due, although the sale was illegal for some other reason. The purchaser and the holder of the title submitted to him, by filiation or purchase, may enforce the lien by means of a change in the register and obtain a disposition of the sale of the land in default of payment within a short period to be determined by the decree. In all actions for possession of land, the defendant who, by filiation or acquisition, directly or immediately, holds from the buyer in the event of sale for tax purposes of the disputed property, may set off against the plaintiff the claim described above, which has the same effect and is treated in all respects as provided for improvements provided for in an action for the possession of land. But the term “prosecution for land possession,” as used here, does not include an act of illegal entry and detention. The owner of the property has a legal redemption period of 2 years from the date of sale. If the owner does not pay the taxes within 2 years of the date of purchase, the holder of the priority lien can purchase the property. The Office of the Clerks of the Chancery usually handles the acquisition of the property. (Miss.
Code Ann. § 27-45-3) There seems to be a lot of information about the tax privileges of the Member States up to the purchase. However, there is extremely little information on after-sales regulations. For example, in my riding, taxable property is included in the delinquent tax auction each year after the first purchaser purchases the lien. This means that 2-3 people have tax privileges on the same property. (I have such a “first time” privilege. When I wanted to pay taxes for the second year, I was not allowed to do so. Informed that the property will be readmitted to the dilatente tax auction next year.) Is this typical?? Personal registration at the collector`s office begins on the Wednesday before the start of the sale. (2) No district or municipal officer shall be liable to a purchaser in connection with a tax sale or a recipient of a tax certificate for accidental errors or omissions of that official in connection with a tax sale.
1. Except as otherwise provided in article 27-41-2, the collector shall sell on the first Monday in April, when he has exercised his option to hold a tax sale on that day and, if applicable, on the last Monday in August, if the taxes are not paid, against payment of the taxes then due and unpaid, as well as all duties provided for by law: Penalties and damages will be paid by the country or as much and those parts of each defaulting taxpayer to the highest bidder and the highest bidder in cash, who pays the amount of taxes due by him and all costs and charges. He must first offer one hundred and sixty (160) acres or a smaller subdivision described separately if the land is less than one hundred and sixty (160) acres. If the first parcel so offered does not yield the amount due, he must offer as a whole all the parcels forming one (1) parcel. Each individual assessment, as it appears and is described in the assessment list, constitutes one (1) area for sale for tax purposes, notwithstanding the fact that the person who owns or to whom it is established owns or is taxed with other real property, the whole of which forms an entire (1) area, but appears on the assessment list in separate subdivisions. If the collector offers the land of a defaulting taxpayer that forms one (1) property, if no one bids for it, the full amount of taxes and all fees associated with the sale, he must cancel it to the State. The sale continues day by day in the hours of 8:30 in the morning and 4:30 in the afternoon until the end; But neither a defect in advertising, nor an error in the advertisement, nor an error in the execution of the sale invalidates a sale of a good on which taxes were due and not paid at the right time and in the right place, but a sale made at the wrong time or in the wrong place is null and void. Any person who suffers damage as a result of an omission or error of the collector may receive compensation on his official guarantee. A list of about 5,000 packages was advertised in the local newspaper, The Mississippi Press, on the two Wednesdays before the sale. Mississippi`s tax sales are fraught with technical formalities. And since they are usually disadvantaged by the court, failure to comply with formalities usually results in the nullity of the tax sale.
For example, one of the requirements is that at the end of the buyback period, the County Chancery Clerk be required to send a notice to the original owner indicating that the final sale of the property will take place.  According to this Act, the sheriff must make the service and the notice must also be given by registered or registered mail. Failure to properly notify could be grounds for invalidity of the tax sale. Last week, I looked at the general issue of opposing property in Mississippi and a case of prejudicial ownership in Mississippi. This week, I want to look at Mississippi`s sales tax laws. There seems to be increased interest in this topic at this time of year, as tax sales approach in August. We`ll start with a high-level overview of Mississippi`s tax privileges and tax sales. Tomorrow, we`ll look at a recent tax lien case in Mississippi to see how tax sales play out in real life. (2) If land is tendered in accordance with §§ 19-31-1 et seq. and is cancelled to the State under this section, the collector may, with the consent of the Secretary of State and the administrative bodies of the district or city in which the public improvement district is situated, offer the property for sale a second time before the expiration of the redemption period. The second sale shall be made in the manner required by law for the sale of land for taxes not collected at the time established by law for such sales under article 27-41-65, and the collector shall include all years for which taxes are overdue on the property.
The property may be offered as a whole or subdivided for secondary sale. If there is no buyer at the time of the second sale, if the property is not redeemed, it will become due after the redemption period in the state as if no second sale had taken place. If the property is acquired at the time of the second sale, it may be taken back at any time within two (2) years following the date of the second sale by the persons and in the manner provided for in article 27-45-3.