What Public Notice Requirements are There for a Real Estate Foreclosure in Mississippi?

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What Public Notice Requirements are There for a Real Estate Foreclosure in Mississippi?

If a mortgage agreement contains a power of sale clause then a Mississippi lender is required to provide the following types of public notice concerning an intended foreclosure sale. First, the lender must record the Notice of Sale with the county clerk’s office. Second, the lender must publish the Notice of Sale in the newspaper for three consecutive weeks prior to the date of the foreclosure sale. Third, the Notice of Sale must be posted on the court house door.

In cases where there is no power of sale clause in the mortgage agreement, the Mississippi lender can still pursue a foreclosure but the lender must do so by filing a lawsuit in state court. The filing of the lawsuit serves as public notice of the intended foreclosure.

Other Mississippi Foreclosure FAQs

Q: Does Mississippi Law Allow for a Redemption Period After a Foreclosure?
A: No, Mississippi law does not provide borrowers with a right of redemption following a foreclosure. More
Q: Where and When do Foreclosure Sales Take Place in Mississippi?
A: Typically, a property foreclosure sale in Mississippi occurs between the hours of 11 am and 4 pm at the courthouse. However, the time and location of the sale … More
Q: Can a Lender Sue a Borrower for a Deficiency Judgment if the Lender is Still Owed Money After a Foreclosure Sale in Mississippi?
A: Yes, it is possible for a lender to sue a borrower for a deficiency judgment in Mississippi. The lender is entitled to sue for the difference between the amount … More
Q: How Can a Lender Foreclose on a Property in Mississippi?
A: Some Mississippi mortgages contain a power of sale clause. Lenders who enter mortgage agreements with a power of sale clause can foreclose on a property by … More
Q: How Long Does the Typical Foreclosure Process Take in Mississippi?
A: Most Mississippi foreclosures occur outside of the judicial system. This allows a lender to foreclose on a property in as little as 2 months if the foreclosure … More
Q: Can I Keep My Home If I File Bankruptcy in Mississippi?
A: Mississippi law allows for a homestead exemption of $75,000 if the homeowner owns land and buildings and uses the building as his or her primary … More