A Mississippi real estate licensee is explaining the non-judicial foreclosure process under a deed of trust to a buyer's client. Which of the following statements about Mississippi's non-judicial foreclosure process is NOT accurate?
Correct Answer
D) The lender must obtain a court order before the trustee can sell the property
Option D is NOT accurate. Mississippi's non-judicial foreclosure process under Miss. Code Ann. §89-7-1 et seq. specifically allows the trustee to foreclose and sell the property using the power-of-sale clause WITHOUT obtaining a court order. This is the defining characteristic of non-judicial foreclosure — it eliminates the need for court involvement, which is why the process can be completed in approximately 60 days.
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