State Foreclosure Law

Mississippi Foreclosure Laws

Mississippi is a non-judicial foreclosure state. Key features: (1) Primary method is non-judicial trustee's sale under power of sale in deed of trust or mortgage; Miss. Code Ann. § 89-1-55 authorizes this procedure…

Process

Non-Judicial

Out of court, under a power of sale §

Foreclosure Length

Varies

Depends on the case

Homestead Exemption

$75,000 homestead exemption for Mississippi residents

Automatic · the rule §

Deficiency Judgment

Limited

Allowed (with limitations) §

19 source pages cited · Last checked Mar 10, 2026

Not legal advice. This page provides general information about Mississippi foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a Mississippi-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the Mississippi foreclosure guide →

On this page

01 Governing statutes
02 Foreclosure process and your rights
03 Special foreclosure types
04 Lien priority
05 Statute of limitations
06 Probate & inheritance
07 Consumer protection & compliance
08 Legal aid & pro bono resources
09 Find help in Mississippi
10 National foreclosure guides
11 Mississippi distress data

Governing Statutes

Citation	Title	Covers
Miss. Code Ann. § 89-1-55	Power of Sale in Deed of Trust or Mortgage	Primary statute authorizing non-judicial foreclosure in Mississippi. Authorizes the trustee of a deed of trust (or mortgagee of a mortgage containing a power of sale clause) to sell the property upon default after providing required notice. The sale must be conducted in the county where the property is located. Publication for three consecutive weeks in a newspaper is required.
Miss. Code Ann. § 89-1-1 et seq.	Mortgages and Deeds of Trust — General Provisions	General statutory framework governing mortgages, deeds of trust, and security interests in real property in Mississippi. Establishes requirements for valid security instruments, recording requirements (county chancery clerk), and basic rights and duties of the parties.
Miss. Code Ann. § 89-1-57	Deficiency Proceedings	Governs deficiency judgment proceedings after a foreclosure sale. The lender may seek a deficiency judgment for any balance owed above the foreclosure sale proceeds. Procedural requirements and time limits apply.
Miss. Code Ann. § 85-3-21	Homestead Exemption	Mississippi homestead exemption of $75,000 for residents. The exemption applies against judgment creditors but does NOT protect against mortgage or deed of trust foreclosure — the lender forecloses its security interest regardless of the homestead claim.
Miss. Code Ann. § 11-5-111 et seq.	Judicial Foreclosure — Chancery Court	Provides for judicial foreclosure in Mississippi Chancery Court when the security instrument does not contain a power of sale clause, or the lender elects judicial foreclosure. Rarely used in practice because most Mississippi deeds of trust contain power of sale clauses enabling the faster non-judicial process.

Mississippi Foreclosure Process and Your Rights

Mississippi uses non-judicial foreclosure. State law does not set one typical length from the first notice to the sale. §

Paying to stop the foreclosure: The borrower may cure the default at any time before the actual foreclosure sale by paying all arrears, interest, fees, and costs. Once the sale occurs, there is no post-sale redemption right — the sale is final. Mississippi has no specific statutory right to cure after acceleration, but most mortgage instruments and the federal CFPB rules provide cure opportunities prior to sale.
After the sale: No post-sale redemption.
Homestead exemption: $75,000 homestead exemption for Mississippi residents (Miss. Code Ann. § 85-3-21). Mississippi's homestead exemption provides protection against unsecured judgment creditors. However, the exemption does NOT protect against foreclosure of a purchase money mortgage, deed of trust, or other consensual lien on the property — the lender forecloses its security interest regardless of the homestead claim. §
Mediation: Mississippi does not have a statewide foreclosure mediation program.

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full Mississippi foreclosure guide →

Special Foreclosure Types in Mississippi

Beyond the standard non-judicial foreclosure process, Mississippi law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure

HOA and COA assessment liens may be foreclosed in Mississippi.

Procedures vary by statute.

Tax Lien Foreclosure

Property tax liens have priority over mortgage liens in Mississippi.

Lien Priority in Mississippi

Generally first in time, first in right. Mississippi recording statutes govern lien priority.

Consult a local attorney for specific lien priority questions.

Statute of Limitations in Mississippi

Mortgage Foreclosure

Varies

Written Contracts

3 years

Promissory Note

6 years

Deficiency Judgment

Varies

Deficiency judgment timing varies. Consult a local attorney.

Probate & Inheritance in Mississippi

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. Mississippi law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies

State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.

Notification to Estate

The lender must notify the estate or personal representative before proceeding.

Foreclosure must be served on the estate or personal representative of a deceased borrower.

Heir Protections

Heirs who inherit and occupy the property as a primary residence may qualify as successors in interest under 12 CFR 1024.31 and apply for loss mitigation.

Executor Reinstatement Rights

No specific statutory right for executors to reinstate.

Garn-St. Germain Act

Due-on-sale clause may not be enforced against heirs inheriting and occupying the property as a primary residence under Garn-St Germain, 12 U.S.C. 1701j-3.

Uniform Partition of Heirs Property Act (UPHPA)

Not adopted in this state.

Consumer Protection & Compliance in Mississippi

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in Mississippi.

UDAP Statute

Mississippi Consumer Protection Act

Mississippi consumer protection statute applies to deceptive mortgage practices and foreclosure rescue fraud.

Foreclosure Rescue Fraud Laws

General consumer protection laws apply to foreclosure rescue fraud in Mississippi.

Federal FTC Act and CFPB enforcement also apply.

Attorney Advertising Rules

Mississippi Rules of Professional Conduct govern attorney advertising and solicitation.

Lead Generation Restrictions

No Mississippi-specific lead generation statute for foreclosure defense identified beyond professional conduct rules.

Barratry

Barratry statutes apply. Solicitation of foreclosure-related legal work is restricted.

Mississippi professional conduct rules prohibit in-person solicitation of prospective clients in vulnerable circumstances.

Legal Aid & Pro Bono Resources in Mississippi

⚖

Mississippi Center for Legal Services

Free legal services for low-income Mississippians, including foreclosure defense.
mscenterforlegalservices.org →
⚖

North Mississippi Rural Legal Services

Legal aid for rural communities facing housing and consumer issues.
nmrls.com →
🏠

HUD-Approved Housing Counselors

Free, federally funded housing counseling agencies in Mississippi. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
Find a counselor in Mississippi →
📞

HUD Housing Counseling Hotline

Free foreclosure prevention counseling.
1-800-569-4287 →
📞

Mississippi Attorney General Consumer Protection

Report mortgage fraud and deceptive practices.
1-800-281-4418 →
📋

Mississippi Bar Lawyer Referral

State bar lawyer referral service.
msbar.org →

Find Help in Mississippi

We maintain a verified directory of free and low-cost help providers in Mississippi. All are government-approved or federally funded.

16 HUD-approved housing counselors Free foreclosure prevention counseling 2 Legal aid offices Free legal representation for qualifying homeowners 43 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 48 Debtor education providers Required post-filing debtor education courses

Browse all 109 providers in Mississippi →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including Mississippi.

Facing Foreclosure?

Overview of the process, available options, and free help resources

How to Stop Foreclosure

Immediate options — forbearance, modification, legal aid, bankruptcy

Your Rights in Foreclosure

Federal protections under CFPB Regulation X and loss mitigation rules

How Foreclosure Works

Stage-by-stage walkthrough from missed payments to sale

Behind on Your Mortgage?

Options for borrowers who have missed or expect to miss a payment

Bankruptcy & Foreclosure

How Chapter 7 and Chapter 13 can stop or delay foreclosure

Mississippi Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Mississippi homeowners:

Foreclosure Filings

National trend

National foreclosure filings. Mississippi mainly uses non-judicial foreclosure (trustee's sales outside court).

FHA mortgage delinquency

FHA delinquency rate

Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.

Foreclosure volume

Foreclosure starts & completions

Monthly foreclosure starts and completions from ATTOM Data Solutions.

Newly late mortgages

Current to 30 days late

Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).