Mississippi · What this letter means
Mississippi foreclosure letters and notices
The papers Mississippi homeowners receive, in the order they usually arrive. Each page uses the name on the Mississippi document, explains the deadline it starts under Mississippi law, and lists what to do this week.
- Step 1
Notice of Substitute Trustee's Sale
In Mississippi, the notice of sale is the main foreclosure notice the law requires. It is published in a county newspaper and posted at the courthouse for three weeks in a row before the sale. State law does not require a mailed copy, but your deed of trust may. You can still catch up on what is past due and stop the sale until the sale is completed.
What it means - Step 2
Substitute Trustee's Deed
After a Mississippi trustee's sale, the substitute trustee signs a substitute trustee's deed to the buyer. No court has to approve the sale, and the state files found no right to buy the home back. The buyer still has to go to court to remove you, and you may owe a balance or be owed a surplus.
What it means - Step 3
Complaint for Unlawful Entry and Detainer (eviction after foreclosure)
After a Mississippi foreclosure sale, the buyer usually sends a letter telling you to leave, then files a complaint for unlawful entry and detainer to get possession. The case is heard in county court, or in justice court where the county has no county court. It decides only who has the right to possession, not whether the foreclosure was valid.
What it means - Step 4
Deficiency lawsuit (suit on the note after foreclosure)
If your Mississippi home sold for less than you owed, the lender may sue you for the rest. The foreclosing lender must sue on an installment note within one year after the sale. The Mississippi Supreme Court requires the lender to prove the home's fair market value and to satisfy the court that a deficiency is fair.
What it means - Step 5
Chancery clerk's notice that tax sale redemption is ending
If your Mississippi property was sold for unpaid taxes, you have two years from the sale to redeem. Between 180 and 60 days before that period ends, the chancery clerk must send a notice saying that title will become absolute in the buyer unless you redeem by a stated date. This is your last warning.
What it means
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