Summary of Mississippi's Foreclosure Laws

If you are facing foreclosure in Mississippi, it’s important to understand some of the basics, including:

the most common type of foreclosure procedure (judicial v. nonjudicial) used in Mississippi
how much time you have to respond
your rights and protections in the process, and
what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).

Below we have outlined some of the most important features of Mississippi foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.

Topic	State Rule
Common type of foreclosure process	Nonjudicial: under power of sale in deed of trust
Time to respond	Foreclosing party must publish notice of sale three consecutive weeks before sale date. No notice need be mailed to homeowner.
Reinstatement of loan before sale	Available until date of sale
Redemption after sale	No
Special protections for foreclosures involving high-cost mortgages	None
Special State procedures for service members	Miss. Code Ann. § 75-24-5(2)(m)
Deficiency judgments	May be obtained if lawsuit filed within one year of the sale. The deficiency may be denied if lender is also the buyer and the court concludes the house sold for less than its market value.
Cash exempted in bankruptcy	None
Notice to leave after house is sold	No special provisions for evictions following foreclosure. New owner will likely have to go to court to get an eviction order. Court-ordered evictions usually take two weeks to a month, depending on whether or not former owner responds to the lawsuit.
Foreclosure statutes	Miss. Code. Ann. §§ 89-1-55 to 89-1-59