Mississippi law

Real Estate Laws in Mississippi.

Mississippi real estate practice covers deeds, title, residential disclosures, homestead exemption, and nonjudicial foreclosure by advertisement (the dominant method). Mississippi is a title-theory state for mortgages. Foreclosure by advertisement typically completes in 90–120 days after the initial notice of default. Redemption after sale is limited — generally no post-sale statutory redemption right outside tax sales. Mississippi uses a 21-day notice by publication for foreclosure. The state has a robust homestead tax exemption system.

Last verified: 2026-04-17

State law

Key Mississippi Statutes

Nonjudicial Foreclosure by AdvertisementMiss. Code Ann. §§ 89-1-55, 89-1-59

Where the deed of trust grants a power of sale, the trustee may foreclose by advertising the sale for 3 consecutive weeks in a newspaper and posting notice at the county courthouse. Sale is conducted by the trustee at the courthouse.

No Post-Sale Statutory Redemption (Non-Tax)Miss. Code Ann. (common law)

Mississippi does not provide a statutory right of redemption after a mortgage foreclosure sale. (Tax sales have a separate 2-year redemption period under § 27-45-3.)

Tax Sale RedemptionMiss. Code Ann. § 27-45-3

Property sold for unpaid taxes may be redeemed within 2 years of the sale upon payment of the taxes, interest, and fees.

Homestead Tax ExemptionMiss. Code Ann. § 27-33-1 et seq.

Owner-occupied residences receive a reduction in ad valorem taxes. Additional exemption for seniors (65+) and disabled persons exempts up to $75,000 of assessed value from county and school taxes.

Recording Priority (Race-Notice)Miss. Code Ann. § 89-5-1

Mississippi is a race-notice state: a subsequent bona fide purchaser for value without notice who records first prevails over an earlier unrecorded conveyance.

State law

Official Sources

Mississippi Legislature Mississippi Department of Revenue — Homestead

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Mississippi.

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Real Estate Laws in Mississippi.

Key Mississippi Statutes

Official Sources

Not Legal Advice

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