What Public Notice Requirements are There for a Real Estate Foreclosure in Mississippi?
If a mortgage agreement contains a power of sale clause then a Mississippi lender is required to provide the following types of public notice concerning an intended foreclosure sale. First, the lender must record the Notice of Sale with the county clerk’s office. Second, the lender must publish the Notice of Sale in the newspaper for three consecutive weeks prior to the date of the foreclosure sale. Third, the Notice of Sale must be posted on the court house door.
In cases where there is no power of sale clause in the mortgage agreement, the Mississippi lender can still pursue a foreclosure but the lender must do so by filing a lawsuit in state court. The filing of the lawsuit serves as public notice of the intended foreclosure.