Mississippi Foreclosure Law

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Mississippi Foreclosure Laws

Typical Mississippi Foreclosure Time Frame – A typical Mississippi foreclosure time is around 60 days.

Judicial Foreclosure – Yes

Non-Judicial Foreclosure – Yes

Types of Security Instruments – Mortgage and Deed of Trust

Right of Redemption Period – No

Mississippi foreclosure law allows for both judicial and non-judicial foreclosure proceedings.  The process of using a judicial foreclosure involves having no Power of Sale stipulation or clause in the mortgage contract or the deed of trust.  In the circumstances of a judicial foreclosure, the lender must sue the borrower in order to receive an Order to Foreclose from the courts.

According to Mississippi foreclosure laws, a non-judicial foreclosure involves the process of having a power of sale clause in the mortgage contract that pre-authorizes the lender to foreclose on the property in the event that a default occurs.  If the power of sale clause gives exact instructions pertaining to the sale in terms of location, time and terms then it must be followed exactly.  If the power of sale clause does not stipulate the terms of the sale then Mississippi foreclosure law requires the following guidelines be followed.

First, a trustee of the lender must file with the county clerk a Notice of Sale.  In addition to filing with the county clerk, a copy of the notice must be published in the public newspaper at least once a week for a minimum of three consecutive weeks before the sale date.  In addition, a copy must be posted at the courthouse door for the courthouse with jurisdiction over the property.

In Mississippi, the borrower is permitted to stop all foreclosure proceedings immediately at any time prior to the start of the actual sale by paying all amounts that are past due and any charges that have accumulated due to the foreclosure. 

The sale itself is a public auction, which is located either in the county in which the borrower resides or in the county in which the property is located.  The lender is not permitted to file for a deficiency judgment and in addition, borrowers are not permitted any time for right of redemption.

For more information on Mississippi foreclosure laws click here.

 

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The information found on this site is not intended to be legal advice. The foreclosure process is highly case specific and laws vary throughout the United States. Please seek professional legal counsel before entering into any contract regarding any real property or stopping the foreclosure on any real property. By using this site you consent to the terms posted here.