Mississippi Deed of Trust Form

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Mississippi Deed of Trust Form

A Mississippi deed of trust is a document in which a property buyer transfers the title to a third party to hold as security for a real estate loan from a lender. The title is held by this third party (trustee) until the loan is paid off or until the borrower defaults. In the latter scenario, the trustee would be able to foreclose on the property without court supervision.

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Last updated May 6th, 2025

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A Mississippi deed of trust is a document in which a property buyer transfers the title to a third party to hold as security for a real estate loan from a lender. The title is held by this third party (trustee) until the loan is paid off or until the borrower defaults. In the latter scenario, the trustee would be able to foreclose on the property without court supervision.

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Deeds of trust require the signatures of the grantor and a notary public.[1] The document must be filed with the Chancery Clerk’s Office for the county where the property is located.

Documents must be formatted as follows before being presented for recording[2]:

  • White paper
  • Text must be at least 10pt in size
  • Margins must be 0.75″, except for a 3″ top margin on the first page

Statute of Limitations

In Mississippi, the beneficiary’s right to foreclose expires three years from the date the full loan amount is due.[3] There is a six-month period after the statute of limitations’ expiration during which the deed of trust’s lien may be extended.[4]

Deed of Trust (Preview)

Sources

  1. § 89-5-3
  2. § 89-5-24(1)
  3. §§ 15-1-21, 15-1-49(1)
  4. § 89-5-19