Wednesday, September 8, 2010

Finding Foreclosure Help in Mississippi

Finding Foreclosure Help in Mississippi

Foreclosure prevention counseling services are provided free of charge by nonprofit housing counseling agencies working in partnership with the Federal Government. These agencies are funded, in part, by HUD and NeighborWorks® America. There is no need to pay a private company for these services.

Jackson Field Office

Dr. A.H. McCoy Federal Building
100 W. Capitol St,
Suite 910
Jackson, MS 39269-1096

Phone: (601) 965-4757

Fax: (601) 965-4773

TTY: (601) 965-4171

Jurisdiction: State of Mississippi

Mary Merchant
Acting Field Office Director

Office Hours: 8:00 a.m. to 4:45 p.m.
Monday through Friday

Mississippi Foreclosure Laws Summary

Quick Facts:

Judicial foreclosure process is available.
Non-judicial foreclosure process is available.
The primary security instruments are mortgages and deeds of trust.
The timeline can vary by process, which typically takes 60 days.
The borrower has no rights of redemption.
The lender may not sue for deficiency judgements.
Lenders in Mississippi may foreclose on mortgages in default through a judicial or non-judicial process.

Judicial Foreclosure

The judicial foreclosure process is used when there is no power of sale clause in a mortgage deal. This involves filing a court order to foreclose. Once the court approves this, the property can be put up for sale.

Non-Judicial Foreclosure
In a mortgage with the power of sale clause, the non-judicial foreclosure process is used. This clause states that the borrower has allowed the lender to sell the property to pay off his debts in the event of his default. For the lender to sell the property, he must follow the guidelines stated below:

A notice of sale must be posted in the county courthouse where the property is located, and published in the county newspaper once a week for 3 weeks. This notice must contain the pertinent information required such as the name of the borrower, and the time and date of sale.

For the borrower to stop the foreclosure process, he must pay the remaining balance of his loan as well as additional costs. If he is not able to pay within the given time period, the foreclosure sale will continue and the property will be sold to the highest bidder at an auction, which will be conducted in the property itself.

Borrowers have no right of redemption after the property has been sold.

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