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Richard
Richard, Attorney
Category: Estate Law
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Experience:  29 years of experience practicing law, including tax and estate planning.
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In the state of Mississippi, if you open an estate and publish

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In the state of Mississippi, if you open an estate and publish notice to creditors and there is mortgaged property that is part of the estate, does the trustee on the Deed of Trust had to file a claim with the estate or can they conduct a Trustee Sale without court permission?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Under Mississippi law, if the loan is in default, the lender of a mortgage has the right to either pursue a judicial foreclosure or a power of sale under the mortgage documents. If the lender pursues a judicial foreclosure, they must go through process of filing for a court hearing of which the estate will get a notice. But, if the lender pursues foreclosure under power of sale, the only notices required are those in the mortgage documents themselves. But, even then, the trustee under the deed of trust will generally provide the executor of the estate a 30 day notice even though not required. But, if the house is being inherited by relatives, if the loan is not in default, the Federal Garn St. Germain act prevents a lender from accelerating a note or forcing a refinance on a loan upon the borrower's death and subsequent transfer to the heirs. As long as the loan is current and remains current they can continue to pay without refinancing.


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