Petitioner states that he/she did not receive the required notice under the Fair Debt Collection Act. Petitioner also requests that all foreclosure actions cease until the proper notice is provided stating his/her rights.
Mississippi Letter to Foreclosure Attorney - Fair Debt Collection - Failure to Provide Notice
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FAQ
Send a cease-and-desist letter: If you don't want to speak to the collection agency anymore, you can send them a cease-and-desist letter. Under the FDCPA, debt collectors can't contact you after you've sent a cease-and-desist letter except in the following cases: To inform you of its intention to seek legal action.
Mississippi is a state where mortgage holders may foreclose on mortgages or deeds of trusts that are in default by either judicial or non-judicial foreclosure processes. If the deed of trust or the mortgage contains no power of sale clause, the lender must seek an order to foreclose from the civil courts.
No Redemption Period After a Nonjudicial Foreclosure in Mississippi. Some states have a law that gives a foreclosed homeowner time after the foreclosure sale to redeem the property. In Mississippi, however, you don't get a post-sale redemption period after a foreclosure.
Again, most residential foreclosures in Mississippi are nonjudicial. Once the 120-day waiting period that federal law generally requires ends, the lender will start a foreclosure using the process described in the Mississippi statutes.
A homeowner has many options to stop a foreclosure in Mississippi, which are follows: Deed in lieu of foreclosure: The borrower transfers the property to lender, who then waives the mortgage debt and doesn't pursue foreclosure. Forbearance: The lender agrees to reduce or suspend payments for a period of time.
On the contrary, Mississippi laws do not give the right of redemption after the foreclosure. The borrower may have the right to stop the non-judicial foreclosure when you ?reinstate? the loan, as long as the total overdue amount (including interest and fees) will be paid off.
This can be done after the non-judicial foreclosure through a lawsuit to be filed against the borrower within one year from the sale date. In other states, the borrowers are given a certain time to redeem a foreclosed property. On the contrary, Mississippi laws do not give the right of redemption after the foreclosure.
