Foreclosures in Missouri

Common Forms

The most common form of foreclosure in Missouri is Non-Judicial. Non-Judicial foreclosure is available for Mortgages that contain Power of Sale clauses. Judicial foreclosure is also available, but it is seldom used except to fix problems associated with the security instrument being foreclosed or if the Security Instrument lacks a Power of Sale clause.

Non-Judicial

Assignments of Security Instruments

The chain of title for security instruments should be verified during examination to ensure that the proper party has the rights to satisfy, release, or foreclose on a given security instrument. All assignments must be recorded prior to the commencement of foreclosure.

Recorded Foreclosure Notice

There is no filed or recorded foreclosure notice in Non-Judicial foreclosures in Missouri. For Non-Judicial foreclosures, the Foreclosure Deed, which is usually titled as a Trustee's Deed, is typically the first publicly recorded document.

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 that required 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.

Attachment of Liens after Commencement

There are no recorded documents or other events in a Non-Judicial foreclosure in Missouri that bar any liens from attaching to the subject property. Any in personam liens filed or recorded up until the Date of Sale attach to the property.

Liens not Discharged in Foreclosure

Real Property Taxes and Municipal Liens, including Water and Sewer Liens, are not discharged by foreclosure in Missouri. The IRS must be noticed in accordance with the federal rules regarding service for a non-judicial foreclosure. Failure to properly notice the IRS in accordance with those rules will result in the lien surviving the foreclosure. Any other lien for which the lien holder recorded a request for notice of foreclosure but was not noticed properly during the foreclosure will survive the foreclosure.

Foreclosure Deed

The most common form of foreclosure deed is called a Trustee's Deed.

Borrower Redemption Rights

The borrower may redeem the property prior to the sale. MO Rev Stat § 443.400. When this is done a certificate will be recorded at the recorder of deeds office that will have the same effect as a Deed of Release. Id.

After a sale has occurred in a Non-Judicial Foreclosure, there is a 1-year right of redemption in favor of the borrower from the Date of Sale of the property at foreclosure. MO Rev Stat § 443.410. The borrower must send notice of an intent to redeem at least ten (10) days before the first advertised Date of Sale to the person making the sale in order to exercise this right of redemption. Id. In addition, within twenty (20) days of the Date of Sale, the borrower must pay a security deposit into the Circuit Court. MO Rev Stat § 443.420.

Third Party Redemption Rights

There are no redemption rights in favor of third parties other than junior liens held by the IRS or other branches of the Federal Government.

Cross-References

• Missouri
• Security Instruments in Missouri