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Mississippi

Mississippi Code § 89-1-55. Non-Judicial foreclosure state.

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Judicial Type

Non-Judicial

Redemption

No statutory right of redemption after non-judicial foreclos

Deficiency

Lender may pursue deficiency. After non-judicial foreclosure

Mediation

No statewide foreclosure mediation program.

Statute Citation

Miss. Code Ann. §§ 89-1-55 to 89-1-63

Redemption Period

No statutory right of redemption after non-judicial foreclosure. The sale is final. No post-sale redemption period exists under Mississippi law.

Deficiency Judgment Rule

Lender may pursue deficiency. After non-judicial foreclosure, deficiency is the difference between the total debt and the foreclosure sale price. No fair value limitation — the actual sale price is used.

Notice Requirements

Notice of sale published once per week for 3 consecutive weeks and posted at the courthouse. Notice mailed to borrower is not required by statute — but the deed of trust often requires it.

Mediation Program

No statewide foreclosure mediation program.

Key Provisions

  • Substitute trustee may be appointed to conduct the sale
  • Notice by publication and posting — personal notice not required by statute
  • Sale is to the highest bidder for cash
  • No redemption period after sale
  • Quick process: typically 45-90 days from first publication

Homeowner Protections

  • Deed of trust may require personal notice (check your document)
  • Borrower may challenge procedural defects (improper publication, unauthorized trustee)
  • SCRA protections apply to military homeowners

Frequently Asked Questions

How fast can Mississippi lenders foreclose?+
Mississippi has one of the fastest non-judicial foreclosure processes. After default, the substitute trustee publishes the notice 3 times (once per week for 3 weeks) and posts it at the courthouse. The sale occurs on the date specified in the notice — typically 28-30 days from the first publication. Total timeline: approximately 45-60 days from default to sale. There is no post-sale redemption period. If you receive a foreclosure notice in Mississippi, seek legal help immediately.
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