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After a foreclosure sale in Mississippi, if the sale proceeds are insufficient to cover the outstanding loan balance, the lender may:

Correct Answer

B) Seek a deficiency judgment against the borrower for the remaining unpaid balance

Mississippi law permits lenders to seek a deficiency judgment against a borrower after a foreclosure sale when the sale proceeds do not fully satisfy the outstanding loan balance. Mississippi primarily uses non-judicial foreclosure (power of sale under a deed of trust), which is faster than judicial foreclosure. After the non-judicial sale, the lender may file a separate lawsuit to obtain a deficiency judgment for the shortfall. The borrower then owes that remaining amount as a personal debt. There is no state guaranty fund covering mortgage deficiencies, and a second foreclosure on the same property is not a legal remedy for recovering a deficiency.

Answer Options
A
Take no further action, because Mississippi law prohibits any recovery beyond the foreclosure sale proceeds
B
Seek a deficiency judgment against the borrower for the remaining unpaid balance
C
Automatically receive the deficiency amount from the Mississippi Guaranty Fund
D
Re-foreclose on the property a second time to recover the remaining balance

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Related Topics & Key Terms

Related Topics:

deficiency judgmentnon-judicial foreclosuredeed of trustpower of saleright of redemptionMississippi foreclosure law

Key Terms:

deficiency judgmentforeclosurenon-judicial foreclosuredeed of trustpower of saleMississippi foreclosure
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