All lands comprising a single tract, and wholly described by the subdivisions of the governmental surveys, sold under mortgages and deeds of trust, shall be sold in the manner provided by Section 111 of the Mississippi Constitution of 1890 for the sale of lands in pursuance of a decree of court, or under execution. All lands sold at public outcry under deeds of trust or other contracts shall be sold in the county in which the land is located, or in the county of the residence of the grantor, or one of the grantors in the trust deed, provided that where the land is situated in two (2) or more counties, the parties may contract for a sale of the whole in any of the counties in which any part of the land lies. Sale of said lands shall be advertised for three (3) consecutive weeks preceding such sale, in a newspaper published in the county, or, if none is so published, in some paper having a general circulation therein, and by posting one notice at the courthouse of the county where the land is situated, for said time, and such notice and advertisement shall disclose the name of the original mortgagor or mortgagors in said deed of trust or other contract. No sale of lands under a deed of trust or mortgage, shall be valid unless such sale shall have been advertised as herein provided for, regardless of any contract to the contrary. An error in the mode of sale such as makes the sale void will not be cured by any statute of limitations, except as to the ten-year statute of adverse possession.
Codes, 1892, § 2443; 1906, § 2772; Hemingway's 1917, § 2276; 1930, § 2167; 1942, § 888; Laws, 1896, ch. 103; Laws, 1908, ch. 180; Laws, 1934, ch. 248.
Notes of Decisions
Cited in
27
cases (
3 in the last 5 years), 1976–2026 · leading case:
EB, INC. v. Allen, 722 So. 2d 555 (Miss. 1998).
EB, INC. v. Allen, 722 So. 2d 555 (Miss. 1998).
· cites it 3× “Under the power of sale provisions set forth in Miss.Code Ann. §§ 89-1-55, 89-1-57, and 89-1-59 (1991), EB did all that it was required to do.”
McKinley v. Lamar Bank, 919 So. 2d 918 (Miss. 2005).
“Instead, McKinley argues that Gunter did not verify that McKinley was in default on his mortgage because Gunter did not speak directly to Welch, but rather had Welch speak with his secretary, Deborah Graham ("Graham").”
Warren v. Johnston, 908 So. 2d 744 (Miss. 2005).
· cites it 2× “” (Miss.Code Ann. § 89-1-55) (emphasis added).”
Merchants Nat. Bank v. Stewart, 608 So. 2d 1120 (Miss. 1992).
“The first task in disentangling what may be described as a fine mess is to focus on what exactly is at issue.”
United States v. Henry L. Henderson & Earnestine W. Henderson, 707 F.2d 853 (5th Cir. 1983).
“These 20 days must be added to Mississippi’s publication requirements for non-judicial foreclosure actions, requiring advertising of a real estate sale for three consecutive weeks preceding such a sale, Miss.Code Ann. § 89-1-55, in determining just how far short the actual…”
United States v. White, 429 F. Supp. 1245 (N.D. Miss. 1977).
“In Mississippi, nonjudicial foreclosures are authorized by Miss.Code Ann. § 89-1-55 (1970) to be conducted by the trustee named in the deed of trust after first advertising the sale of the real property for three consecutive weeks preceding such sale, in a newspaper published in…”
Martin v. USDA Rural Hous. Serv. (In Re Martin), 276 B.R. 552 (Bankr. N.D. Miss. 2001).
“In the stipulation of facts, the parties admit that Rural Housing Service posted a notice of sale on December 17, 1998, at the Tallahatchie County Courthouse, Sumner, Mississippi, and published a notice of sale in the local newspaper as required by Miss.”
Leininger v. Merchants & Farmers Bank, MacOn, 481 So. 2d 1086 (Miss. 1986).
· cites it 3× “PRATHER, Justice, for the Court: A constitutional challenge to Miss. Code Ann. § 89-1-55 (1972), the Mississippi power of sale foreclosure statute, gives rise to this appeal from the Chancery Court of Copiah County.”
United States v. Irby, 618 F.2d 352 (5th Cir. 1980).
· cites it 2× “, Miss.Code Ann. § 89-1-55. We therefore reverse and remand for consideration in light of the real property law of Mississippi.”
Morton v. Resolution Trust Corp., 918 F. Supp. 985 (S.D. Miss. 1995).
“Morton (exhibit P- *997 18), as allegedly required by Miss.Code Ann. § 89-1-55 (1972). Referring to a Mississippi Supreme Court decision which precedes the current version of § 89-1-55, RTC notes that the statute is in -derogation of common law and must be strictly construed.”
Rankin Cnty. Bank v. McKinion, 531 So. 2d 822 (Miss. 1988).
“We further note that foreclosure sale of the McKinion property was held under a power of sale agreement under the deed of trust rather than as a judicial foreclosure, and was governed by the provisions of the deed of trust and Miss.Code Ann. § 89-1-55 (Cumm.Supp. 1987).”
— Miss. Code Ann. § 89-1-55(1999) — 1 case
Warren v. Johnston, 908 So. 2d 744 (Miss. 2005).
“” (Miss.Code Ann. § 89-1-55) (emphasis added).”
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