- Who sends it
- The substitute trustee, often a law firm named by the lender, publishes and posts it
- What it starts
- Three consecutive weeks of newspaper notice and courthouse posting before the sale
- Do this first
- Call the substitute trustee named in the notice and ask in writing for the reinstatement amount
What this document is in Mississippi
Most Mississippi home loans use a deed of trust that lets a trustee sell the home without a court case. The lender can name a new trustee, called a substitute trustee, to run the sale (Miss. Code § 89-1-63, per the Mississippi state file). That is why the notice usually says "Substitute Trustee's Notice of Sale" or something close to it.
Under Miss. Code § 89-1-55, the sale must be advertised for three consecutive weeks before the sale in a newspaper published in the county, or one with general circulation there, and one notice must be posted at the courthouse of the county where the land is for the same time. The notice must name the original borrowers on the deed of trust. "No sale of lands under a deed of trust or mortgage, shall be valid unless such sale shall have been advertised as herein provided for, regardless of any contract to the contrary."
What it does and does not mean
- It sets a sale date and place. The sale must be held in the county where the land is, or the county where a borrower on the deed of trust lives (Miss. Code § 89-1-55).
- Sale hours: the Mississippi Court of Appeals noted in 2026 that a sale must take place between 11 a.m. and 4 p.m. under Miss. Code § 11-5-99, and that standard notices say "within legal hours" at the courthouse door (Harris v. Aurora Loan Services).
- Mississippi law does not require the lender to mail it to you. The Court of Appeals has said "Mississippi law does not require the mortgagee to directly notify the mortgagor of an impending foreclosure" (Harris). If your deed of trust promises more notice, such as four weeks or a mailed letter, those terms must be followed.
- It is not an eviction. You can stay until after the sale and a court case for possession.
The deadlines it starts and how to count them
- The notice must run for three consecutive weeks before the sale. Count weeks from the first newspaper date shown in the publisher's proof or the paper itself.
- You can reinstate at any time before the sale is completed by paying only the past due amount, plus costs, attorney's fees and trustee's fees on that amount (Miss. Code § 89-1-59, per the Mississippi state file). The loan is then back in place as if there had been no default.
- If notice was short under your deed of trust, act before the sale. In Harris (2026), a homeowner who saw the notice, did not object before the sale and waited more than two years to raise short notice lost that argument.
- Federal rules: a complete loss mitigation application received more than 37 days before the sale must be reviewed within 30 days (12 C.F.R. § 1024.41(c)(1)).
What to do this week
- Find the notice in the county newspaper's legal notices or at the courthouse. Write down the sale date and the substitute trustee's phone number.
- Call the substitute trustee. Ask in writing for the reinstatement amount, the deadline and the accepted form of payment.
- Pull out your deed of trust. Look for any section on notice of sale and compare it with what was done.
- If you have a loss mitigation application in, ask the servicer and the substitute trustee in writing to postpone.
- Call North Mississippi Rural Legal Services at 1-800-898-8731 or Mississippi Center for Legal Services at 1-800-498-1804 the same day.
- Read how to stop foreclosure in Mississippi.
State help and scam warnings
Mississippi has no statewide foreclosure mediation program in the state files. NMRLS runs a foreclosure prevention hotline that offers free legal counsel and advice. More contacts are on the Mississippi foreclosure help page.
- Newspaper notices are public, so expect calls and letters. Mississippi has no foreclosure consultant law in the state files, but federal rules ban most upfront fees for mortgage relief (12 C.F.R. § 1015.5).
- Never sign over your deed to someone who promises to stop the sale.
- Report a suspected scam to the Mississippi Attorney General's Consumer Protection Division.
The rest of the Mississippi process
See how foreclosure works in Mississippi, the timeline, ways to stop it and free help in Mississippi, or read the national guide to this letter.
Common questions
Does a Mississippi lender have to mail me the notice of sale?
Not under state law. Miss. Code § 89-1-55 requires newspaper publication and courthouse posting for three weeks. Your deed of trust may require more, and those terms must be followed.
Can I stop a Mississippi trustee's sale by catching up?
Yes. The Mississippi state file explains that Miss. Code § 89-1-59 lets you pay the past due amount plus costs and fees any time before the sale is completed. Get the figure in writing.
What time are Mississippi foreclosure sales held?
Between 11 a.m. and 4 p.m., as the Court of Appeals noted in Harris v. Aurora Loan Services (2026) citing Miss. Code § 11-5-99. Your notice gives the exact place.
The notice ran only three weeks but my deed of trust says four. Is that a problem?
It can be, but you must act quickly. In Harris (2026), the court held the homeowner waived the short notice by not objecting before the sale and waiting more than two years. Talk to a lawyer before the sale.
Other Mississippi letters
- Substitute Trustee's DeedAfter 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.
- 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.
- 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.
- Chancery clerk's notice that tax sale redemption is endingIf 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.
Sources
- Miss. Code § 89-1-55 (text reprinted in 2022 House Bill 1200, which died)
- Harris v. Aurora Loan Services, No. 2024-CA-01118-COA (Miss. Ct. App. June 23, 2026)
- North Mississippi Rural Legal Services: Mississippi Foreclosure Prevention
- Mississippi Department of Banking and Consumer Finance: Complaint Form