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Mississippi · Weigh your options

How to stop a foreclosure in Mississippi

Mississippi gives you a real tool to stop a foreclosure: a legal right to catch up on the past due amount any time before the sale is completed. Because the process is fast and outside of court, act early. Your other options are working with your servicer, getting a court involved if the notice was wrong, or bankruptcy.

Ask for help in Mississippi Free HUD counselor: (800) 569-4287

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

Ways to stop or delay a foreclosure in Mississippi

  • Apply for loss mitigation

    As early as possible; a complete application more than 37 days before the sale gets the most federal protection

    Send your servicer a complete application for a loan modification, repayment plan or other option, and keep proof of what you sent. The Mississippi Volunteer Lawyers Project's foreclosure clinics can help with modification papers.

    12 C.F.R. § 1024.41

  • Reinstate under Mississippi law

    Any time before the sale is completed

    Pay the past due payments, plus costs, attorney's fees and trustee's fees on that amount, and any taxes or insurance someone paid for you with interest. The loan is restored as if it had never been in default. Get the exact amount from the substitute trustee in writing.

    Miss. Code § 89-1-59

  • Check the notice and your deed of trust

    As soon as the notice runs

    A sale that was not published for three consecutive weeks and posted at the courthouse is not valid. Your deed of trust may also require extra notice. If something is wrong, a lawyer can ask the chancery court to stop the sale, and you must act quickly.

    Miss. Code § 89-1-55

  • Ask for a postponement in writing

    Before the sale date

    If an application is under review or you are close to reinstating, ask the servicer and the substitute trustee in writing to postpone. Mississippi statutes we read do not require them to agree.

  • Sell the home or pay off the loan

    Before the sale

    If you have equity, selling the home yourself or refinancing to pay off the loan can protect what you have built up. Ask the servicer for a written payoff amount and talk to a HUD approved counselor first.

  • File bankruptcy

    Before the sale is completed

    Filing triggers an automatic stay that pauses the foreclosure, and Chapter 13 can let you catch up over time. It has serious long term effects, so talk to a bankruptcy lawyer first.

    11 U.S.C. § 362

What Mississippi law gives you

The right to catch up and stop the sale

Right to reinstate

Yes. Mississippi law lets you, or anyone with an interest in the home, stop a foreclosure by paying the amount that is past due, not the whole loan. You also pay the costs, attorney's fees and trustee's fees on that past due amount, plus any taxes or insurance someone paid for you, with interest. You can do this any time before the sale is completed. The loan is then put back in place as if it had never been in default. Ask the substitute trustee or servicer for the exact amount in writing.

Miss. Code § 89-1-59

Foreclosure mediation

No statewide program

We did not find a statewide or court foreclosure mediation program in Mississippi. The Mississippi Volunteer Lawyers Project runs free foreclosure prevention clinics where volunteer lawyers give advice and help with loan modification papers, but clinic dates were not listed when we checked. A clinic does not stop a sale.

Right to catch up before the sale

You can reinstate the loan any time before the sale is completed by paying only the past due amount plus costs and fees on that amount, not the full balance.

Miss. Code § 89-1-59

Notice must be published and posted

No sale under a deed of trust is valid unless it was advertised for three consecutive weeks in a county newspaper and posted at the courthouse, naming the original borrowers. A contract cannot waive this.

Miss. Code § 89-1-55

Your deed of trust's notice terms count

Mississippi courts say that if your deed of trust promises more notice than the statute, those terms must be followed. In a June 2026 case, the Court of Appeals held that a homeowner who waited more than two years to object lost that argument, so act quickly if notice was short.

Harris v. Aurora Loan Services (Miss. Ct. App. 2026)

Deficiency must be fair

A lender is not entitled to a deficiency judgment just because the sale price was lower than the debt. It must prove fair market value and show a deficiency would be fair, and the foreclosing lender has one year to sue.

Miss. Code § 15-1-23; Hartman v. McInnis, 996 So. 2d 704 (Miss. 2007)

The options your servicer can offer

Common questions in Mississippi

Do I have to pay the whole loan to stop a Mississippi foreclosure?

No. Miss. Code § 89-1-59 lets you pay only the amount that is past due under the original payment schedule, plus accrued costs, attorney's fees and trustee's fees on that amount, before the sale is completed. That reinstates the loan even if the lender sped up the whole balance.

Does Mississippi have foreclosure mediation?

We did not find a statewide or court foreclosure mediation program in Mississippi. The Mississippi Volunteer Lawyers Project holds free foreclosure prevention clinics, and since January 1, 2024 people are screened first through the Legal Services intake line at 1-800-498-1804.

Can someone else catch up my Mississippi mortgage for me?

Yes. Miss. Code § 89-1-59 lets the debtor or any interested party make the reinstatement payment before the sale. A family member or a co-owner can pay, as long as the full past due amount, costs and fees are paid.

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.

Back to the Mississippi overview

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Sources for this page

  1. Miss. Code § 89-1-55 (notice and publication of sales under deeds of trust), FindLaw copy current as of January 1, 2025
  2. Miss. Code § 89-1-59 (reinstatement before sale), FindLaw copy current as of January 1, 2025
  3. Miss. Code § 89-1-63 (power of sale, substitute trustees, lender may buy), FindLaw copy
  4. Miss. Code § 11-25-1 (unlawful entry and detainer), FindLaw copy
  5. Mississippi Court of Appeals, Harris v. Aurora Loan Services, No. 2024-CA-01118-COA (June 23, 2026)
  6. 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
  7. Mississippi Supreme Court, Hartman v. McInnis, No. 2006-CA-00641-SCT (2007) (deficiency judgments)
  8. Mississippi Legislature: Report of All Measures, 2024, 2025 and 2026 Regular Sessions
  9. Mississippi Home Corporation: HomeSaver Plus closure notice (November 14, 2023)
  10. U.S. Treasury: Homeowner Assistance Fund (period of performance ended September 30, 2026)
  11. Mississippi Attorney General: Consumer Protection Division
  12. Mississippi Department of Banking and Consumer Finance: Complaint Form
  13. Mississippi Volunteer Lawyers Project: Clinics
  14. Mississippi Volunteer Lawyers Project: Courtroom Representation
  15. North Mississippi Rural Legal Services: Mississippi Foreclosure Prevention
  16. Mississippi Center for Legal Services: Do I Qualify?
  17. The Mississippi Bar: Client Assistance FAQ (no lawyer referral service; legal aid contacts)
  18. Mississippi Supreme Court, Tubwell v. FV-1, Inc., No. 2021-CT-01345-SCT (June 6, 2024) (foreclosure buyer's ejectment case)