- Who sends it
- The substitute trustee signs it to the buyer; it is recorded in the chancery clerk's land records
- What it starts
- The buyer's claim to the home, and a 1-year window for the foreclosing lender to sue you for any balance
- Do this first
- Get a copy from the land records and ask the substitute trustee in writing for an accounting of the sale
What this document is in Mississippi
The substitute trustee's deed is how the buyer at a Mississippi foreclosure sale gets title. In Harris v. Aurora Loan Services (2026), for example, the substitute trustee conveyed the home to the buyer by substitute trustee's deed eight days after the sale. You may not be mailed a copy. It is recorded in the county land records, where you can get one.
In a later eviction case, the court may look only at this deed. In Harvey v. FNMA (Miss. Ct. App. 2016), the circuit judge told the former owners: "Based on this substitute trustee's deed, you do not have the right to be on that property."
What it does and does not mean
- There is no court confirmation step for a Mississippi trustee's sale (Mississippi funnel file).
- The state files found no Mississippi law that lets you buy the home back after a trustee's sale. Only a court can set the sale aside.
- It does not remove you by itself. The buyer must use a court case, such as an unlawful entry and detainer complaint.
- It does not settle the debt. If the sale brought less than you owed, see the deficiency lawsuit page.
The deadlines it starts and how to count them
- Deficiency: the foreclosing lender must sue on an installment note within one year after the foreclosure sale (Miss. Code § 15-1-23, as applied in Hubbard v. BancorpSouth Bank, 2014). Count from the sale date.
- Objections to the sale: Mississippi courts treat a person who knew of the sale and did not object promptly as having waived some claims. In Harris, waiting more than two years to raise short notice was too late. Talk to a lawyer now, not later.
- Ownership disputes go to chancery court, not the eviction court (Harvey v. FNMA).
What to do this week
- Get a copy of the recorded substitute trustee's deed from the chancery clerk's land records. Note the sale date and price.
- Write to the substitute trustee and ask for an accounting of the sale and any surplus. Give a current mailing address. See foreclosure surplus funds in Mississippi.
- If you think the sale was not advertised for three weeks or broke your deed of trust's notice terms, call legal aid right away.
- Plan where you will go, and read what happens after a Mississippi foreclosure sale.
State help and scam warnings
Free legal help: North Mississippi Rural Legal Services at 1-800-898-8731 and Mississippi Center for Legal Services at 1-800-498-1804. More is on the Mississippi foreclosure help page.
- Be careful with anyone who offers to recover surplus money for a percentage. The state files found no Mississippi statute on trustee's sale surplus, so ask the substitute trustee directly first.
- Do not pay anyone who promises to undo the sale for a fee without a lawyer reviewing the deal.
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
Can I buy my home back after a Mississippi substitute trustee's deed is recorded?
The Mississippi state file found no law giving a right to redeem after a trustee's sale. Only a court can set the sale aside.
Does a judge have to approve a Mississippi trustee's sale?
No. There is no court confirmation step for a trustee's sale in Mississippi, per the Mississippi funnel file.
Where do I get a copy of the substitute trustee's deed?
From the county land records kept by the chancery clerk where the home is, once the deed is recorded.
Other Mississippi letters
- Notice of Substitute Trustee's SaleIn 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.
- 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
- Harris v. Aurora Loan Services, No. 2024-CA-01118-COA (Miss. Ct. App. 2026)
- Harvey v. Federal National Mortgage Association, No. 2015-CP-00134-COA (Miss. Ct. App. 2016)
- Hubbard v. BancorpSouth Bank, No. 2013-CP-01028-SCT (Miss. 2014)
- North Mississippi Rural Legal Services: Mississippi Foreclosure Prevention