Mississippi Code
Miss. Code Ann. § 89-1-57 (2026)
Deed of trust or mortgage; how sale made when terms not specified
✓ current as of July 2026
If a deed of trust or mortgage, with a power of sale, be silent as to the place and terms of sale and mode of advertising, a sale may be made after condition broken, for cash, upon such notice, and at such time and place as is required for sheriff's sale of like property. But all such sales shall be made in the county where the land is located, or in the county of the residence of the grantor or one (1) of the grantors, provided that where the land is situated in two (2) or more counties, the parties may contract for a sale of the whole, or any part thereof, in either county in which a part of the land lies.
Codes, 1880, § 1237; 1892, § 2484; 1906, § 2821; Hemingway's 1917, § 2322; 1930, § 2169; 1942, § 891; Laws, 1896, ch. 109.
Notes of Decisions
Cited in 3
cases, 1980–1999 · leading case: Anderson v. Kimbrough, 741 So. 2d 1041 (Miss. Ct. App. 1999).
Anderson v. Kimbrough, 741 So. 2d 1041 (Miss. Ct. App. 1999). “" Miss.Code Ann. § 89-1-57 (Rev.1994). Sheriff's sales of real property are governed by a variety of statutes.”
Morton v. Resolution Trust Corp., 918 F. Supp. 985 (S.D. Miss. 1995). “RTC refers to two Mississippi statutes: Miss.Code Ann. § 89-1-57 which provides that if a deed of trust does not specify a place for sale, the sale must be held in the place required for sheriffs sale; and Miss.”
United States v. Irby, 618 F.2d 352 (5th Cir. 1980). “See Miss.Code Ann. § 89-1-57. . In resolving the issue against the government, the court in Frederick stated: Defendant’s counterclaim here arises from the same transaction or occurrence.”
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