How Foreclosure Works in Mississippi
Whether Mississippi forecloses through the courts or by power of sale, the notices required, the time frames set by law, and how to catch up before the sale.
Short answer: Mississippi law provides for land secured by a mortgage or deed of trust to be sold at a public-outcry sale (a non-judicial foreclosure under a power of sale) after it has been advertised as the statute requires. Miss. Code Ann. § 89-1-55
| Judicial or non-judicial | Mississippi law provides for land secured by a mortgage or deed of trust to be sold at a public-outcry sale (a non-judicial foreclosure under a power of sale) after it has been advertised as the statute requires. The sale must be held in the county where the land is located or the county where a grantor of the deed of trust lives. Mirror (FindLaw) of the Mississippi Code; the official code is published through LexisNexis. Source: Miss. Code Ann. § 89-1-55 |
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| Required notices | A sale of land under a deed of trust or mortgage must be advertised for three consecutive weeks before the sale in a newspaper published in the county (or, if none, one with general circulation there), and one notice must be posted at the courthouse of the county where the land is located for the same period. The notice and advertisement must give the name of the original borrower(s). A sale that was not advertised this way is not valid, regardless of any contract to the contrary. Mirror (FindLaw) of the Mississippi Code. Source: Miss. Code Ann. § 89-1-55 |
| Time frames set by law | The only statutory minimum verified is that the sale must be advertised in a newspaper and posted at the county courthouse for three consecutive weeks before the sale. Mirror (FindLaw) of the Mississippi Code. Source: Miss. Code Ann. § 89-1-55 |
More Mississippi foreclosure & homeowner law
- Redemption and Deficiency Judgments in Mississippi
- HOA Liens and Foreclosure in Mississippi
- Getting Your Home Back After a Tax Sale in Mississippi
- All Mississippi foreclosure & homeowner law rules
FAQ
Is Mississippi a judicial or non-judicial foreclosure state?
Mississippi law provides for land secured by a mortgage or deed of trust to be sold at a public-outcry sale (a non-judicial foreclosure under a power of sale) after it has been advertised as the statute requires. The sale must be held in the county where the land is located or the county where a grantor of the deed of trust lives.
What notice is required before a foreclosure sale in Mississippi?
A sale of land under a deed of trust or mortgage must be advertised for three consecutive weeks before the sale in a newspaper published in the county (or, if none, one with general circulation there), and one notice must be posted at the courthouse of the county where the land is located for the same period. The notice and advertisement must give the name of the original borrower(s). A sale that was not advertised this way is not valid, regardless of any contract to the contrary.
How long does foreclosure take in Mississippi?
The only statutory minimum verified is that the sale must be advertised in a newspaper and posted at the county courthouse for three consecutive weeks before the sale.
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.