Mississippi foreclosure

The Mississippi foreclosure process can be judicial but usually is non-judicial. If there is no power of sale clause in the mortgage, then the judicial process is used. This means that a lawsuit is filed in court. The judge will give you a bit of time to pay up the amount that you are behind. If you don't pay in the time alloted, the judge will declare that the home be sold at a public auction.

In cases where there is a power of sale clause in the deed of trust, then the judicial foreclosure process is followed. If the power of sale clause lists the time, place and terms of the sale, then those terms are followed.

Otherwise, the non-judicial foreclosure process is used as follows:

1. A notice of the sale must be recorded at the county recorder's office and posted at the county courthouse. This notice must contain the borrower's name, plus the time, place and date of the sale.


2. This notice must also be published for 3 consecutive weeks before the sale in a newspaper of the county where the property is located.


3. You can make the payment of the amount that you are behind at any time before the sale is held to stop the foreclosure process.


4. The sale must be made at public auction in the county of the property, or at the county where the borrower lives.