HOA Liens and Foreclosure in Mississippi
Whether a homeowners or condo association can foreclose on its lien for unpaid dues in Mississippi, and the limits.
Short answer: Yes, for condominiums. A reasonable assessment made under a recorded condominium declaration, plus interest, costs, attorneys' fees and penalties allowed by the declaration, becomes a lien on the unit when the management body records a notice of assessment with the chancery clerk. Miss. Code Ann. § 89-9-21
| HOA liens and foreclosure | Yes, for condominiums. A reasonable assessment made under a recorded condominium declaration, plus interest, costs, attorneys' fees and penalties allowed by the declaration, becomes a lien on the unit when the management body records a notice of assessment with the chancery clerk. The lien is ahead of liens recorded after the notice (unless the declaration subordinates it). It expires one year after the notice is recorded unless satisfied or enforcement has begun, though the management body may extend it once by up to one additional year by recording an extension. The lien may be enforced by a sale conducted like a deed-of-trust foreclosure sale under § 89-1-55, or in any other manner permitted by law, and the association may also sue for a money judgment without waiving the lien. Mirror (FindLaw) of the Mississippi Code. Source: Miss. Code Ann. § 89-9-21 |
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More Mississippi foreclosure & homeowner law
- How Foreclosure Works in Mississippi
- Redemption and Deficiency Judgments in Mississippi
- Getting Your Home Back After a Tax Sale in Mississippi
- All Mississippi foreclosure & homeowner law rules
FAQ
Can an HOA foreclose on your home in Mississippi?
Yes, for condominiums. A reasonable assessment made under a recorded condominium declaration, plus interest, costs, attorneys' fees and penalties allowed by the declaration, becomes a lien on the unit when the management body records a notice of assessment with the chancery clerk. The lien is ahead of liens recorded after the notice (unless the declaration subordinates it). It expires one year after the notice is recorded unless satisfied or enforcement has begun, though the management body may extend it once by up to one additional year by recording an extension. The lien may be enforced by a sale conducted like a deed-of-trust foreclosure sale under § 89-1-55, or in any other manner permitted by law, and the association may also sue for a money judgment without waiving the lien.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.