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.
Research depth: Standard · Last reviewed March 10, 2026 · Awaiting attorney validation
9 cited
32 needs check
4 gaps
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.
For a step-by-step guide to options and resources, see the Mississippi Foreclosure Guide →
On this page
- 01 Governing statutes
- 02 Foreclosure process
- 03 Homeowner protections
- 04 Mediation
- 05 Alternatives & financial assistance
- 06 Post-sale proceedings
- 07 Special foreclosure types
- 08 Lien priority
- 09 Statute of limitations
- 10 Probate & inheritance
- 11 Consumer protection & compliance
- 12 Legal aid & pro bono resources
- 13 Find help in Mississippi
- 14 National foreclosure guides
- 15 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 of general circulation 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. The FMV appraisal credit requirement should be verified against current statute text — this is flagged as a gap. |
| Miss. Code Ann. § 85-3-21 | Homestead Exemption | Mississippi homestead exemption of $75,000 for residents (implementing Miss. Const. Art. 7, § 220). 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. One of the more generous homestead protections in the South. |
| Miss. Const. Art. 7, § 220 | Constitutional Homestead Exemption | Mississippi's constitutional provision establishing homestead protection. Protects the homestead of a resident family from sale for debt (other than purchase money mortgages and other secured debt). The constitutional protection is implemented through Miss. Code Ann. § 85-3-21. |
| 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. |
Non-Judicial Foreclosure Process
Awaiting verification1
Default and Federal 120-Day Waiting Period
At least 120 days after first payment delinquency (federal requirement)
Before initiating foreclosure, the servicer must comply with federal CFPB Regulation X requirements: attempt pre-foreclosure contact with the borrower, provide a Single Point of Contact, and review any loss mitigation applications before proceeding. Federal law prohibits initiating the foreclosure process until the borrower is more than 120 days delinquent. Mississippi state law does not impose a separate pre-foreclosure waiting period beyond the federal requirement.
2
Mailed Notice to Grantor (Borrower)
Concurrent with or preceding publication period
Before or concurrent with newspaper publication, the trustee or lender must mail written notice of the foreclosure sale to the grantor (borrower) at the grantor's last known address. The notice must inform the borrower of the default and the scheduled sale date. Mississippi requires mailed notice to provide the borrower with actual knowledge of the proceeding in addition to constructive notice through newspaper publication.
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3
Newspaper Publication of Notice of Sale
Three consecutive weekly publications; sale scheduled after the last publication
The trustee or lender must publish notice of the foreclosure sale in a newspaper of general circulation in the county where the property is located. Publication must appear once per week for three consecutive weeks. The notice must contain the date, time, and place of sale, a description of the property (typically the legal description from the deed of trust), and the name of the trustee or mortgagee. The sale cannot occur until after the third publication.
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4
Foreclosure Sale (Trustee's Sale / Public Auction)
On the advertised sale date, between 11 a.m. and 4 p.m. at the courthouse
The property is sold at public auction at the time and place specified in the published notice. In Mississippi, sales are typically conducted at the county courthouse door between the hours of 11 a.m. and 4 p.m. on the advertised sale date. The trustee (for deeds of trust) or authorized agent (for mortgages with power of sale) conducts the auction — not the sheriff. The highest bidder wins. The lender/beneficiary may credit bid up to the full amount owed. The trustee's deed (or similar instrument) is prepared for the successful purchaser.
5
Trustee's Deed Issued to Purchaser
Shortly after sale; typically recorded within days to weeks
After the sale, the trustee executes and delivers a trustee's deed to the purchaser. The deed is recorded with the County Chancery Clerk (Mississippi's real property recording office). Once recorded, the deed conveys clear title to the purchaser — there is NO post-sale right of redemption for non-judicial foreclosures in Mississippi. The purchaser has immediate right to possession after the sale, subject only to any valid tenant rights under the federal PTFA.
6
Eviction (If Necessary)
After foreclosure sale; eviction proceedings typically 2-4 weeks if needed
If the former owner or tenants do not vacate voluntarily, the new purchaser may initiate unlawful detainer or ejectment proceedings in Mississippi Justice Court or Circuit Court. Mississippi eviction proceedings under Miss. Code Ann. § 89-7-27 et seq. can be relatively quick (2-4 weeks for a judgment if uncontested). Federal PTFA provides 90-day notice to bona fide tenants.
Homeowner Protections
Awaiting verificationHomestead Exemption
$75,000 homestead exemption for Mississippi residents (Miss. Const. Art. 7, § 220; Miss. Code Ann. § 85-3-21). Mississippi's homestead exemption is among the more generous in the South and provides meaningful 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.
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Automatic — no filing required. Does not protect against foreclosure by the mortgage holder (only judgment creditors).
Deficiency Judgment
Allowed with limitations
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Deficiency proceedings must be initiated within a reasonable time after the foreclosure sale. Mississippi generally applies a 6-year statute of limitations on contract claims (Miss.
Right of Redemption
No post-sale redemption.
Pre-sale reinstatement available. Before the foreclosure sale.
Right to Cure
The borrower may cure the default at any time before the actual foreclosure sale by paying all arrears, interest, fees, and costs
All arrears, late charges, attorney fees, and costs before acceleration; full accelerated balance after acceleration if lender has formally accelerated
Foreclosure Mediation in Mississippi
Mississippi does not have a mandatory statewide foreclosure mediation program. Federal loss mitigation requirements under CFPB Regulation X still apply to all servicers.
Alternatives & Financial Assistance
Mississippi law permits several alternatives to foreclosure. Short sales are available with potential deficiency protection. Deed in lieu of foreclosure may be negotiated with the servicer. Forbearance agreements are available under federal and state loss mitigation requirements. Loan modification programs exist at both the federal and state level.
Mississippi's Mississippi Homeowner Assistance Fund (MS HAF) (Winding down or exhausted; check current availability with Mississippi Home Saver or Mississippi Development Authority) received Approximately $46 million from federal American Rescue Plan Act (2021) — smaller allocation reflecting Mississippi's population size in federal funding. Program details: mshomesaver.com.
For a detailed breakdown of foreclosure alternatives, loss mitigation options, and financial assistance programs, see the Mississippi Foreclosure Guide.
Post-Sale Proceedings Under Mississippi Law
After a foreclosure sale in Mississippi, the new owner must provide written notice before initiating eviction proceedings.
Surplus fund rights after a Mississippi foreclosure sale are governed by state statute. Federal law (Protecting Tenants at Foreclosure Act) provides a minimum 90-day notice period for bona fide tenants in foreclosed properties, regardless of state timelines.
For guidance on what to do after a foreclosure sale, including eviction timelines, surplus fund claims, and tax consequences, see the Mississippi Foreclosure Guide.
Special Foreclosure Types in Mississippi
Beyond the standard judicial and non-judicial foreclosure process, Mississippi law addresses several specialized foreclosure categories.
HOA & Condo Association Foreclosure
Available under state law.
Tax Lien Foreclosure
See details.
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
3
Written Contracts
3
Promissory Note
6
Deficiency Judgment
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.
Automatic Stay on Death
No automatic stay. Foreclosure may proceed 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.
Executor Reinstatement Rights
The executor or personal representative may reinstate the mortgage by curing the default.
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.
Uniform Home Protection 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
Specific foreclosure rescue fraud statute exists.
General consumer protection laws apply to foreclosure rescue fraud in Mississippi.
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 ServicesFree legal services for low-income Mississippians, including foreclosure defense.mscenterforlegalservices.org →
- North Mississippi Rural Legal ServicesLegal aid for rural communities facing housing and consumer issues.nmrls.com →
- HUD-Approved Housing CounselorsFree, federally funded housing counseling agencies in Mississippi. Services include loan modification applications, mediation preparation, and loss mitigation guidance.Find a counselor in Mississippi →
- Mississippi Attorney General Consumer ProtectionReport mortgage fraud and deceptive practices.1-800-281-4418 →
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.
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
Mississippi has both judicial and non-judicial foreclosure processes.
The FHA Signal
FHA delinquency rate
FHA serious delinquency rate — the canary in the coal mine for borrowers with thin down payments.
The Pipeline
Foreclosure starts & completions
Monthly foreclosure starts and completions from CoreLogic — the volume flowing through the system.
First Missed
Early-stage transitions
Borrowers transitioning from current to 30-days late — the earliest warning signal before delinquency rises.
See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026
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Free help is available for homeowners facing foreclosure in Mississippi. Contact the HUD Housing Counseling Hotline at 1-800-569-4287 or find a HUD-approved housing counselor for no-cost assistance.