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How to avoidForeclosure

Mississippi · Weigh your options

HOA and condo association foreclosure in Mississippi

Mississippi has very little state law on homeowners association collections. The Legislature has considered bills to create a general HOA law many times, and every one died in committee; the HOA law that did pass deals with how managing agents handle association money, not with collecting dues. For most subdivisions, your community's recorded declaration and bylaws decide whether the association has a lien and how it can collect. Condominiums have their own state statute, but we could not open an official copy of its current text, so this page does not describe its terms.

Reviewed against Mississippi law and official sources on October 12, 2026. General information, not legal advice.

HOA and condo collection rules in Mississippi, step by step

  • No general Mississippi HOA collection law

    As of the 2026 session

    Bills to set statewide rules for forming and running homeowners associations were filed in 2014 to 2018 and all died in committee. The HOA law Mississippi does have, last changed in 2022, covers how managing agents hold association money, board review of bank statements and fidelity coverage, not liens or foreclosure. So the recorded declaration (often called covenants or CC&Rs) and the bylaws set the association's collection rights.

    Miss. Code Ann. §§ 79-11-751 to 79-11-759 (as amended by H.B. 933, 2022); H.B. 1381 (2014) and later HOA bills, died in committee

  • Condominiums have a separate statute

    If you own a condo unit

    Mississippi's condominium law is in Title 89, Chapter 9 of the Mississippi Code, and it has a section on assessment liens. We could not open an official copy of the current text, so ask the association or a lawyer which sections it relies on, and read your master deed and bylaws.

    Miss. Code Ann. § 89-9-1 and following

  • No state cap on payoff letter fees

    2026 bill died

    A 2026 bill would have required associations to issue a statement of paid and unpaid assessments within 10 business days and capped the fee. It died in committee, so no such statewide rule exists. Ask in writing anyway and keep a copy of your request.

    S.B. 2644 (2026), died in committee

  • Ask for a ledger and the documents

    As soon as you fall behind

    Ask the association in writing for an itemized ledger of every assessment, late fee, interest charge, legal fee and payment, and for copies of the declaration, bylaws and any collection policy. Those documents say whether it claims a lien and how it may enforce it. Dispute any error in writing.

  • Federal debt collection rules can apply

    Within 30 days of a collector's first notice

    If a collection agency or law firm collects your HOA debt, the Fair Debt Collection Practices Act can apply. If you dispute the debt in writing within 30 days of its notice, it must stop collecting the disputed part until it sends verification. See [HOA lien notice](/notices/hoa-lien-notice/).

    15 U.S.C. § 1692g

  • Keep paying your mortgage

    Every month

    Your mortgage is a separate debt. A Mississippi mortgage foreclosure is usually run by a trustee under the deed of trust, so falling behind on both debts puts the home at risk twice. If you cannot pay both, call a HUD-approved housing counselor or legal aid before the association hands the account to a lawyer.

Common questions in Mississippi

Can a Mississippi HOA foreclose on my house?

It depends on your community's recorded documents, because Mississippi has no general HOA statute. Some declarations give the association a lien and a way to enforce it, and others do not. Get your declaration and bylaws and ask a lawyer or legal aid to read the lien section with you before you ignore any notice.

Is there a Mississippi state agency that handles HOA complaints?

We did not find a Mississippi agency that regulates homeowners associations, and bills to create statewide HOA rules have died in committee. Mississippi's HOA money-handling law lets the side that wins a suit to enforce the managing agent rules recover legal fees, but it does not cover dues disputes. For a debt collector's conduct, you can complain to the CFPB.

My Mississippi condo association says it has a lien. Is that true?

Mississippi's condominium law has a section on assessment liens, so a lien is likely, but we could not confirm its current terms from an official source. Ask the association to cite the section of the statute and of your master deed it relies on, and have legal aid review it.

Step by step

More on foreclosure in Mississippi

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

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Sources for this page

  1. Mississippi Legislature, 2014 to 2018 bill status (all measures), HOA bills died in committee
  2. Mississippi S.B. 2644 (2026), HOA estoppel certificates (introduced)
  3. Mississippi S.B. 2328 (2025), eviction procedures, as sent to Governor
  4. Mississippi H.B. 1404 (2026), fraudulent utility conversion, as sent to Governor
  5. Mississippi Legislature, 2026 bill status (all measures)
  6. Protecting Tenants at Foreclosure Act, note under 12 U.S.C. § 5220 (govinfo)
  7. 42 U.S.C. § 1437f, Section 8 voucher leases after foreclosure (govinfo)
  8. Mississippi H.B. 933 (2022), HOA managing agents (Miss. Code §§ 79-11-751 to 79-11-759)
  9. Miss. Code § 89-1-55 (notice and publication of sales under deeds of trust), FindLaw copy current as of January 1, 2025
  10. Miss. Code § 89-1-59 (reinstatement before sale), FindLaw copy current as of January 1, 2025
  11. Miss. Code § 89-1-63 (power of sale, substitute trustees, lender may buy), FindLaw copy
  12. Miss. Code § 11-25-1 (unlawful entry and detainer), FindLaw copy
  13. Mississippi Court of Appeals, Harris v. Aurora Loan Services, No. 2024-CA-01118-COA (June 23, 2026)
  14. Mississippi Supreme Court, Hubbard v. BancorpSouth Bank, No. 2013-CP-01028-SCT (April 10, 2014), quoting Miss. Code §§ 15-1-23 and 75-3-118
  15. Mississippi Supreme Court, Hartman v. McInnis, No. 2006-CA-00641-SCT (2007) (deficiency judgments)
  16. Mississippi Home Corporation: HomeSaver Plus closure notice (November 14, 2023)
  17. U.S. Treasury: Homeowner Assistance Fund (period of performance ended September 30, 2026)
  18. Mississippi Attorney General: Consumer Protection Division
  19. Mississippi Department of Banking and Consumer Finance: Complaint Form
  20. Mississippi Volunteer Lawyers Project: Clinics
  21. Mississippi Volunteer Lawyers Project: Courtroom Representation
  22. North Mississippi Rural Legal Services: Mississippi Foreclosure Prevention
  23. Mississippi Center for Legal Services: Do I Qualify?
  24. The Mississippi Bar: Client Assistance FAQ (no lawyer referral service; legal aid contacts)
  25. Mississippi Supreme Court, Tubwell v. FV-1, Inc., No. 2021-CT-01345-SCT (June 6, 2024) (foreclosure buyer's ejectment case)