Mississippi - Smith County Trustee Deed for Sale of Foreclosed Property Forms

Included Forms

All Smith County specific forms and documents listed below are included in your immediate download package:

Trustee Deed Form - Smith County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 8/15/2022

Trustee Deed Guide - Smith County

Line by line guide explaining every blank on the form.
Included document last updated 9/6/2022

Completed Example of the Trustee Deed Document - Smith County

Example of a properly completed form for reference.
Included document last updated 1/27/2022

Included Supplemental Documents

The Following Mississippi and Smith County supplemental forms are included as a courtesy with your order.

Homestead Exemption Worksheets (Mississippi Document)

Certificate of Acknowledgment (Mississippi Document)

Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by Mississippi or Smith County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the Smith County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our Smith County Trustee Deed for Sale of Foreclosed Property forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
• Can the Trustee Deed for Sale of Foreclosed Property forms be re-used?
  • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Smith County that you need to transfer you would only need to order our forms once for all of your properties in Smith County.
• Are these forms guaranteed to be recordable in Smith County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Smith County including margin requirements, content requirements, font and font size requirements.
• Do I have to enter all of my property information online?
  • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
• Can I save the completed form, email it to someone?
  • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
• Do I need any special software to use these forms?
  • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Trustee Deed for Sale of Foreclosed Property Forms:

• Smith County

Including:

• Mize
• Raleigh
• Taylorsville

What is the Mississippi Trustee Deed for Sale of Foreclosed Property?

The trustee's deed is used to convey real property after foreclosure and sale under a deed of trust. It takes its name from the executing party rather than from the type of warranty the deed contains. After conducting a trustee's sale at public auction, the trustee uses the deed to vest title to the property in the name of the highest bidder.

A deed of trust (alternately called a trust deed or a deed in trust) is a variation of a mortgage whereby a trustee holds legal title to property as security for the repayment of a loan. The borrower, called the trustor or grantor, executes the deed of trust to the trustee for the benefit of the lender, called the beneficiary. The trustee is generally an agent of the beneficiary.

Upon fulfillment of the terms of the deed of trust, the trustee revests the legal title in the name of the borrower (Miss. Code Ann. 89-1-49(1)). If the borrower breaches the conditions of the deed of trust, the beneficiary can instruct the trustee to initiate foreclosure proceedings. In Mississippi, "any deed of trust...may confer on the trustee...the power of sale"; this power must be conferred upon the trustee in the deed of trust in order for him/her to act upon it (Miss. Code Ann. 89-1-63(2)).

Before the trustee can conduct a trustee's sale at public auction, preliminary requirements must be fulfilled under Mississippi law, including the publication of notice of sale in a local newspaper and posting of notice of sale at the county courthouse in the county where the subject property is located (Miss. Code Ann. 89-1-55). The deed then recites that the requirements for the posting of notice of sale under Miss. Code Ann. 89-1-55 have been met with proof of publication sometimes attached as an exhibit to the document.

Upon conclusion of the public auction, the trustee executes a trustee's deed to the highest and best bidder. The trustee conveys only such title as is vested in him/her as trustee under the deed of trust. The form's granting language contains implied covenants of seisin, against encumbrances (except for those named in the deed), and quiet enjoyment (Miss. Code Ann. 89-1-41).

Besides meeting the requirements of form and content for documents affecting real property in Mississippi, the trustee's deed requires the names of all parties to the deed of trust under which the property is being sold, as well as a reference to its place of recording (Miss. Code Ann. 89-1-53). If the trustee conducting the sale and executing the trustee's deed is a substitute trustee, the trustee's deed also requires a reference to the deed of substitution (same statute).

As with all conveyances in Mississippi, the deed requires a legal description of the property as well as indexing instructions. It should recite the name, address, telephone number, and bar number, if applicable, of the person who prepared the document. The trustee's signature must be witnessed in the presence of a notary public before submission for recording in the Office of the Chancery Clerk in the county in which the real property is located.

Consult a lawyer with any questions regarding trustee's deeds in Mississippi, as each situation is unique.

Our Promise

The documents you receive here will meet, or exceed, the Smith County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Smith County Trustee Deed for Sale of Foreclosed Property form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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