Missouri Foreclosure Process and Laws

 


Quick Facts About the Foreclosure Process in Missouri

Judicial Foreclosure Available: Yes

Non-Judicial Foreclosure Available: Yes

Primary Security Instruments: Deed of Trust, Mortgage

Timeline: Typically 60 days

Right of Redemption: Yes

Deficiency Judgments Allowed: No

Within Missouri, lenders are allowed two processes on foreclosure of mortgages and deeds of trust. There are the judicial and the non-judicial foreclosure processes.

Judicial Foreclosure
In cases where there are lawsuits filed in getting court orders to forclose property, this is what is called the judicial foreclosure process. It is the court that declares foreclosure before it can be auctioned off. This is done when there is no power of sale with the mortgage.

Non-Judicial Foreclosure
In cases where there is the power of sale clause in the mortgage, the non-judicial foreclosure process is done. The power of sale clause permits the sale of property upon mortgage default. This is to settle any deficiencies with the payment. The Power of Sale Foreclosure Guidelines provides a clearer view on the process of the process.

Power of Sale Foreclosure Guidelines
In the power of sale clause, it must ideally contain the complete details of the forclosure sale. These details should then be followed if clearly state in the clause.

In the event that there is no power of sale clause, the following must be followed:

  1. The borrower should be notified at least 20 days before the date of sale.
  2. The notice of sale should be published in a newspaper.
  3. It is the responsibility of the trustee to auction off the property to the highest bidder. Terms of payment must be in cash.

The lender is allowed to bid for the property. If the highest bidder, he will given a year to pay off the remaining debt.

Foreclosure Avoidance Counseling

HUD-approved housing counseling agencies are available to provide you with the information and assistance you need to avoid foreclosure. As part of President Obama’s comprehensive Homeowner Affordability and Stability Plan (HASP), you may be eligible for a special Making Home Affordable loan modification or refinance, to reduce your monthly payments and help you keep your home.

If you need help understanding the Making Home Affordable programs, you can use this search tool to find a counseling agency in your area that will provide you with free foreclosure prevention services. If you are eligible for the loan modification or refinance program, the counselor will work with you to compile an intake package for your servicer.

Foreclosure prevention counseling services are provided free of charge by nonprofit housing counseling agencies working in partnership with the Federal Government. These agencies are funded, in part, by HUD and NeighborWorks® America. There is no need to pay a private company for these services.

Kansas City Regional Office

400 State Avenue
Room 200

Kansas City, KS 66101-2406

Phone: (913) 551-5644

Fax: (913) 551-5469
TTY: (913) 551-6972

Jurisdiction: State of Kansas and Western half of Missouri

Office Hours: 8:00 a.m. to 5:00 p.m.
Monday through Friday

St. Louis Field Office

1222 Spruce Street

Suite 3.203
St. Louis, MO 63103-2836

Phone: (314) 539-6583

Fax: (314) 539-6384

TTY: (314) 539-6331
Jurisdiction: Eastern half of Missouri

James Heard

Field Office Director

Office Hours: 8:00 a.m. to 5:00 p.m.
Monday through Friday