Foreclosures in Missouri - Revision history

Davidjenkins: /* Foreclosure Deed */

2020-07-22T15:34:06Z

‎Foreclosure Deed

Davidjenkins: /* Foreclosure Process */

2019-05-30T23:04:29Z

‎Foreclosure Process

Davidjenkins: /* Available Methods */

2019-01-18T13:12:18Z

‎Available Methods

Davidjenkins: /* Available Methods */

2019-01-18T13:11:38Z

‎Available Methods

Davidjenkins: /* Available Methods */

2019-01-18T13:11:28Z

‎Available Methods

Davidjenkins: /* Available Methods */

2019-01-18T13:11:13Z

‎Available Methods

Davidjenkins: /* Available Methods */

2019-01-18T13:11:03Z

‎Available Methods

Davidjenkins: /* Available Methods */

2019-01-18T13:10:42Z

‎Available Methods

Davidjenkins: /* Available Methods */

2019-01-18T13:10:20Z

‎Available Methods

Davidjenkins: /* Available Methods */

2019-01-18T13:10:05Z

‎Available Methods

@@ Line 66: / Line 66: @@
 ===Foreclosure Deed===
-The most common form of foreclosure deed is called a Trustee's Deed.
+The most common form of foreclosure deed is called a Trustee's Deed.  It is not required or common that it is accompanied by an Affidavit of Publication or similar document that indicates who was served with notice of the foreclosure.  In cases where this information is not included with the Trustee's Deed, the trustee that conducted the sale should be contacted to obtain the Notice of Trustee's Sale along with any proof of mailing of the Notice as well as proof of the publication of the general notice of the sale in any newspapers and legal publications.
 ===Borrower Redemption Rights===

@@ Line 48: / Line 48: @@
 ===Foreclosure Process===
-Non-Judicial foreclosures in Missouri are commenced outside of the Public Records. Upon completion of the foreclosure, all junior liens, except as noted below, are discharged from the property so long as the lien holders that were properly served with notice of the foreclosure. Parties other than the owners or occupants of the property that are entitled to receive notice of the foreclosure are limited to branches of the federal government and any lien holder that recorded a request for notice of foreclosure in the Public Records.
+Non-Judicial foreclosures in Missouri are commenced outside of the Public Records. Upon completion of the foreclosure, all junior liens including other security instruments, except as noted below, are discharged from the property so long as the lien holders that were properly served with notice of the foreclosure. Parties other than the owners or occupants of the property that are entitled to receive notice of the foreclosure are limited to branches of the federal government and any lien holder that recorded a request for notice of foreclosure in the Public Records.
 * MO Rev Stat § 443.410 - Notice to Borrowers
 * MO Rev Stat § 443.325 - Notice to those who requests it by recording a "Request for Notice" at least 40 days prior to the scheduled date of sale.
 * 26 U.S.C. 7425 - Notice to the USA/IRS for Federal Tax Liens
 * Note: 28 U.S.C. 2410 only allows the joining of the USA and its various branches for judicial foreclosures.  Liens held by the USA, other than Federal Tax Liens, cannot be discharged by non-judicial foreclosure and can only be released by following the procedure outlined in 28 U.S.C. 2410(e).

@@ Line 16: / Line 16: @@
 | align="center" style="width: 20%;" | Yes [2]
 |-
-| Security Instrument || Mortgage
+| Security Instrument
 | style="width: 15% align="center" style="background-color:#B0C4DE;"| '''Deed of Trust''' ||
 |-
-| Public Records Notice || None
+| Public Records Notice
 | style="width: 15% align="center" style="background-color:#B0C4DE;"| '''None''' ||
 |-
-| Foreclosure Deed || Sheriff’s Deed
+| Foreclosure Deed
 | style="width: 15% align="center" style="background-color:#B0C4DE;"| '''Trustee’s Deed''' ||
 |-
-| Redemption Rights || None
+| Redemption Rights
 | style="width: 15% align="center" style="background-color:#B0C4DE;"| '''Yes''' [1] ||
 |}

@@ Line 14: / Line 14: @@
 | align="center" | Yes
 | align="center" style="background-color:#B0C4DE;"| '''Yes'''
-| align="center" style="width: 30%;" | Yes [2]
+| align="center" style="width: 20%;" | Yes [2]
 |-
 | Security Instrument || Mortgage

@@ Line 14: / Line 14: @@
 | align="center" | Yes
 | align="center" style="background-color:#B0C4DE;"| '''Yes'''
-| align="center" style="width: 15%;" | Yes [2]
+| align="center" style="width: 30%;" | Yes [2]
 |-
 | Security Instrument || Mortgage

@@ Line 7: / Line 7: @@
 The most common form of foreclosure in Missouri by far is '''Non-Judicial'''. Non-Judicial foreclosure is available for Security Instruments that contain Power of Sale clauses, which can include both Deeds of Trust, by far the most common form, as well as Mortgages. Judicial foreclosure is not common and is used primarily to fix problems associated with the Security Instrument being foreclosed or because of a lack of a Power of Sale clause.  Equitable Foreclosure is rarely, if ever, used.
-{| class="wikitable" style="width: 50%;" align="center"
+{| class="wikitable" style="width: 50%;"
 |-
 ! Foreclosure Type !! Judicial !! Non-Judicial !! Other
 |-
 | Availability
-| style="align=center" | Yes
+| align="center" | Yes
 | align="center" style="background-color:#B0C4DE;"| '''Yes'''
-| style="align=center" | Yes [2]
+| align="center" | Yes [2]
 |-
 | Security Instrument || Mortgage