- Who sends it
- The foreclosure buyer (often the lender) through its attorney, filed in county court or justice court
- What it starts
- A fast court case for possession; a judgment can lead to an order removing you
- Do this first
- Read the hearing date on the papers and call legal aid the same day
What this document is in Mississippi
Unlawful entry and detainer is Mississippi's court process for getting possession of land from someone who stays after their right to it has ended (Miss. Code § 11-25-1). The Mississippi Court of Appeals has explained that it "exists to provide a party the ability to obtain possession of a piece of property when another party withholds possession after his claim of right has expired" (Harvey v. FNMA, 2016, quoting Gandy v. Citicorp).
Before filing, buyers often send a notice. In Harvey, Fannie Mae sent a "Notice of Foreclosure and Tenants Rights" telling former owners to leave within ten days of delivery, then filed in justice court. In Catlett v. Catlett (Miss. Ct. App. 2023), the facts show the lender sent a notice to vacate and then filed in Rankin County Court. The state files did not find a Mississippi statute that sets a notice period for a former owner, so the number of days in such a letter comes from the buyer, not the law.
What it does and does not mean
- Which court: an unlawful entry and detainer action belongs in county court, and in justice court only when the county has no county court (Harvey, quoting Gandy).
- What it decides: only whether you are unlawfully holding the home. A fight over ownership or whether the foreclosure was valid must be brought in chancery court (Harvey; Miss. Const. art. 6, § 160).
- In Harvey, the judge said: "If you had a problem with that, you should have gone to chancery court to try and stop the foreclosure proceedings."
- It is not a lockout. The state files describe removal only after a court rules. Do not ignore the hearing.
The deadlines it starts and how to count them
The complaint and summons will list a hearing date. Treat that date as your deadline to appear and raise defenses. The exact answer deadlines for unlawful entry and detainer were not confirmed in the state files, so ask the court clerk the same day you are served.
After a ruling in justice court, a party may appeal to the circuit court for a new hearing (Harvey, citing Miss. Code § 11-51-83). In Harvey the circuit court ordered the occupants removed within ten days. Appeal deadlines are short, so get legal help before the hearing.
What to do this week
- Write down the hearing date, the court and the case number.
- Call North Mississippi Rural Legal Services at 1-800-898-8731 or Mississippi Center for Legal Services at 1-800-498-1804.
- If you rent the home from the former owner, tell the court and the buyer. Federal law gives many bona fide tenants extra notice. See the national notice to vacate guide.
- If you believe the foreclosure itself was invalid, ask a lawyer about a separate chancery court case. The eviction court will not decide it.
- Start planning a move. See what happens after a Mississippi foreclosure sale.
State help and scam warnings
The Mississippi Volunteer Lawyers Project takes court cases only after Legal Services qualifies the person through 1-800-498-1804, per the Mississippi state file. More contacts are on the Mississippi foreclosure help page.
- Be wary of anyone who offers to "stop the eviction" for a fee without being a licensed Mississippi lawyer.
- If you are offered money to move out by a set date, get the offer in writing before you leave.
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
Which Mississippi court hears an eviction after foreclosure?
County court, or justice court if the county has no county court, according to the Court of Appeals in Harvey v. FNMA (2016).
Can I argue in the eviction case that the foreclosure was wrong?
Generally no. Harvey says the unlawful entry and detainer case is about possession, and a case to decide ownership must be filed in chancery court.
How many days' notice do I get to leave after a Mississippi foreclosure?
The state files did not find a statute setting a notice period for a former owner. Buyers' letters set their own dates, such as ten days in Harvey. The buyer still needs a court order to remove you.
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.
- 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.
- 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.