It shall be the duty of the clerk of the chancery court to examine the record of deeds, mortgages and deeds of trust in his office to ascertain the names and addresses of all mortgagees, beneficiaries and holders of vendors liens of all lands sold for taxes; and he shall, within the time fixed by law for notifying owners, send by certified mail with return receipt requested to all such lienors so shown of record the following notice, to-wit:
"State of Mississippi, To ____________________,
County of ____________________
"You will take notice that ____________________ (here describe lands) assessed to, or supposed to be owned by ____________________ was on the ____________________ day of ____________________, 2 ____________________, sold to ____________________ for the taxes of ____________________ (giving year) upon which you have a lien by virtue of the instrument recorded in this office in ____________________ Book ____________________, page ____________________, dated ____________________, and that the title to said land will become absolute in said purchaser unless redemption from said sale be made on or before the ____________________ day of May of 2 ____________________.
"This ____________________ day of ____________________, 2 ____________________.
"____________________
"Chancery Clerk of ____________________ County, Miss."
Codes, 1930, § 3259; 1942, § 9943; Laws, 1922, ch. 241; Laws, 1988, ch. 478; Laws, 1995, ch. 468, § 13; Laws, 1995, ch. 381, § 1, eff. 7/1/1995.
Notes of Decisions
SKL Investments, Inc. v. Am. Gen. Fin., Inc., 22 So. 3d 1247 (Miss. Ct. App. 2009).
· cites it 16× “[1] *1249 American General answered and asserted that the tax sale was void because it did not receive notice pursuant to Mississippi Code Annotated section 27-43-5 (Rev. 2006). American General also asserted that the tax sale was void because the chancery clerk failed to follow…”
Brown v. Riley, 580 So. 2d 1234 (Miss. 1991).
· cites it 4× “If there is no redemption, Miss. Code Ann. § 27-43-5 authorizes the chancery clerk to issue a tax deed to the tax sale purchaser.”
Craig Cleveland v. Deutche Bank Nat'l Trust Co., 207 So. 3d 710 (Miss. Ct. App. 2016).
· cites it 3× “§ 27-43-1 (emphasis added); see also Miss.Code Ann. § 27-43-5 (chancery clerk possesses duty to provide notice of tax sale to lienholders).”
City of Jackson v. Rebuild Am., Inc., 77 So. 3d 1105 (Miss. Ct. App. 2011).
· cites it 8× “Then, on May 7, 2008, the City filed a supplemental response/cross-motion for summary judgment which claimed that: (1) the subject property reverted to the City of Jackson by operation of law; (2) the tax sale was void as the City was a beneficiary pursuant to Mississippi Code…”
Wachovia Bank, N.A. v. Rebuild Am., Inc., 56 So. 3d 586 (Miss. Ct. App. 2011).
· cites it 6× “for lack of proper notice of maturation pursuant to the provisions of Section 27-43-5 of the Mississippi Code .”
Green Tree Servicing, LLC v. Dukes, 25 So. 3d 399 (Miss. Ct. App. 2009).
· cites it 4× “The chancery clerk has an affirmative duty under Mississippi Code Annotated section 27-43-5 (Rev.2006) to examine the records of mortgages and deeds of trust maintained in his office, for a period of six years prior to the date of a tax sale and to identify lienhold-ers with an…”
Curtis v. Carter, 906 So. 2d 758 (Miss. 2005).
· cites it 2× “Section 27-43-5 of the Mississippi Code Annotated (Rev.”
Curtis v. Carter, 906 So. 2d 5 (Miss. Ct. App. 2004).
· cites it 2× “Section 27-43-5 (Rev.2002) requires the following notice to lienors: It shall be the duty of the clerk of the chancery court to examine the record of deeds, mortgages and deeds of trust in his office to ascertain the names and addresses of all mortgagees, beneficiaries and…”
Hancock Bank v. Ladner, 727 So. 2d 743 (Miss. Ct. App. 1998).
· cites it 2× “" See Miss.Code Ann. §§ 27-43-5, 27-43-7 (Supp.”
HL&C Marion, LLC v. DIMA Homes, Inc. (Miss. Ct. App. 2021).
· cites it 24× “On March 31, 2020, the court entered an order sustaining DIMA Homes’ motion, setting aside the tax sale, and dismissing HL&C Marion’s 4 Mississippi Code Annotated section 27-43-5 reads as follows: It shall be the duty of the clerk of the chancery court to examine the record of…”
HL&C Marion, LLC v. DIMA Homes, Inc. (Miss. 2022).
· cites it 13× “See Miss. Code Ann. § 27-43-5 . ¶12. Section 27-45-3 provides that parties with the interest in land have the right to pay the property taxes to redeem a parcel after a tax sale.”
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