Skip to main content
How to Avoid
Foreclosure
Get free help

Missouri · Weigh your options

What happens after a foreclosure sale in Missouri

After a Missouri trustee's sale, the home usually belongs to the buyer for good, but you are not locked out that day. If the lender bought the home and you gave written notice before the sale, you may have one year to buy it back. The new owner must win an unlawful detainer case before you can be removed, and the lender can sue you if the sale did not cover what you owe.

Ask for help in Missouri Free HUD counselor: (800) 569-4287

Reviewed against Missouri law and official sources on October 12, 2026. General information, not legal advice.

What happens after the sale in Missouri, in order

  1. The sale is usually final

    At the auction

    A sale under a power of sale ends your right to the home unless the special redemption rule applies. The recitals in the trustee's deed about the default, notice and sale are accepted by courts as evidence that those steps happened, so challenges need proof.

    RSMo §§ 443.290, 443.380

  2. Redemption bond

    Within 20 days after the sale

    If the lender bought the home and you gave written notice of intent to redeem, file a motion and a bond with at least one good surety in the circuit court clerk's office, with at least one day's written notice to the buyer. If the bond is not approved within 20 days, it is treated as rejected. The court can also appoint a receiver to hold the home and its rents during the year.

    RSMo §§ 443.420, 443.430

  3. Redemption period

    Up to 1 year from the sale

    To redeem, you must pay the debt and interest, plus taxes, sale costs and other sums the buyer paid, with interest. This is usually much more than the auction price. If you do not redeem within the year, the trustee gives the buyer a deed.

    RSMo §§ 443.410, 443.440

  4. Unlawful detainer (eviction) case

    After written notice and a written demand to leave

    The new owner cannot remove you without a court order. In this case the court does not decide who holds title, only who has the right to possession. If the owner wins, the judgment can include double damages and double the monthly rental value, and the order to restore possession cannot issue sooner than 10 days after the judgment.

    RSMo §§ 534.030, 534.210, 534.330, 534.350

  5. Renters in a foreclosed home

    At least 10 business days' notice

    A renter living in the home before the sale must get a notice titled Notice to Occupant Following Foreclosure, mailed and posted on the door. No eviction case can be filed until at least 10 business days after that notice. The renter does not become the new owner's tenant just by staying.

    RSMo § 534.030

  6. Deficiency lawsuit

    After the sale

    If the home sold for less than you owed, the lender can sue you for the difference. Missouri measures it by the auction price, not the market value, if the sale was fairly run. If you are served with a lawsuit, contact legal aid or a lawyer right away.

    First Bank v. Fischer & Frichtel, Inc., 364 S.W.3d 216 (Mo. banc 2012)

  7. Leftover sale money

    Ask the trustee soon after the sale

    We found no Missouri statute that sets a claim process for leftover money after a trustee's sale. If the home sold for more than the loan, costs and other liens, write to the trustee and ask whether money is left and how to claim it. Talk to legal aid before paying anyone to recover it for you.

The three questions that matter after a sale

Can I get the home back in Missouri?

Limited redemption

Usually a trustee's sale ends your right to the home for good. Missouri has one unusual exception. If the lender, or someone buying for the lender, buys the home at the sale, you may redeem (buy it back) within one year, but only if you gave the person running the sale written notice of your intent to redeem at the sale or within 10 days before the advertised date. You must also post a bond with at least one good surety, approved by the circuit court within 20 days after the sale, that covers interest, taxes, sale costs and damage to the home during the year. To redeem, you pay the debt and interest plus the costs listed in the statute, not just the sale price. If anyone else buys the home, this right does not apply.

RSMo §§ 443.290, 443.410, 443.420, 443.430, 443.440

Can the lender come after me for the rest?

Deficiency judgments allowed

Yes. We found no Missouri statute that bars a deficiency on a home loan. If the home sells for less than you owe, the lender can sue you for the difference. The Missouri Supreme Court has kept the rule that the shortfall is measured by the auction price, not the home's fair market value, as long as the sale was fairly conducted. Missouri Legal Services notes that the lender is often the only bidder and bids the debt, which leaves nothing more owed, but if you are sued, talk to a lawyer right away.

First Bank v. Fischer & Frichtel, Inc., 364 S.W.3d 216 (Mo. banc 2012)

What if the home sold for more than I owed?

We did not find a Missouri statute that sets a claim process for money left over after a trustee's sale. The trustee is paid a capped commission from the sale, and the deed of trust usually says how the rest of the money is paid out. Missouri Legal Services notes that the lender is often the only bidder and bids what is owed, so in many sales nothing is left over. If the home sold for more than the debt, write to the trustee named in the sale notice, ask whether any money is left after the loan, costs and other liens, and ask how to claim it. Be careful with anyone who offers to recover leftover money for a fee, and talk to legal aid first.

RSMo § 443.360

Common questions in Missouri

Can I buy my Missouri home back after a foreclosure sale?

Only in one case. Under RSMo section 443.410, if the lender (or someone buying for it) bought the home, you may redeem within one year, but only if you gave written notice of intent to redeem at the sale or within 10 days before it. You also need a court-approved bond within 20 days after the sale (RSMo section 443.420). If anyone else bought the home, there is no right to buy it back.

Will I owe money after a foreclosure in Missouri?

You might. Missouri has no statute that we found barring a deficiency on a home loan, and the Missouri Supreme Court measures the shortfall from the auction price. Missouri Legal Services notes that the lender is often the only bidder and bids the full debt, which leaves nothing more owed, but you should check with legal aid.

How fast can the new owner make me leave after a Missouri foreclosure?

Not without a court case. The new owner must give you written notice and a written demand, then file an unlawful detainer case. The court date is set no more than 21 business days after the summons, and the order to restore possession cannot issue sooner than 10 days after judgment (RSMo sections 534.070 and 534.350).

Can I argue in the Missouri eviction case that the foreclosure was wrong?

Not usually. RSMo section 534.210 says the merits of title cannot be decided in an unlawful detainer case. If you think the sale itself was improper, you would need a separate lawsuit, so talk to legal aid or a licensed attorney quickly.

Step by step

More on foreclosure in Missouri

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

Back to the Missouri overview

Free, official, nationwide

Free help anywhere in the country

Ask a question

Need help avoiding foreclosure in Missouri?

Tell us where things stand. A person reads every message and writes back with the options that fit your situation and the free, official help available in Missouri.

  • Free. There is nothing to buy and no fee, ever.
  • No loan number, Social Security number or documents needed.
  • We are not your lender, a law firm or a government agency.

If a sale is days away, do not wait for an email. Call a free HUD-approved housing counselor now at (800) 569-4287.

For example: a sale date, what your servicer has told you, or what changed in your income. Please do not include your loan number, Social Security number or bank details.

Free, and there is nothing to buy. A person reads your message and replies by email, or by phone if you leave a number. We never ask for a fee and we do not sell your details. See the privacy policy.

Sources for this page

  1. RSMo § 443.350, Foreign trustee must have Missouri cotrustee
  2. RSMo § 443.380, Recitals in trustee's deed prima facie evidence
  3. RSMo § 534.090, Serving of summons
  4. RSMo § 443.290, Mortgages and security agreements with power of sale
  5. RSMo § 443.300, Death of debtor, foreclosure stayed
  6. RSMo § 443.310, Sales, where made, number of days' notice
  7. RSMo § 443.320, Notice, contents, how published
  8. RSMo § 443.325, Individual notice of foreclosure sale
  9. RSMo § 443.327, Times and places of trustee's sale
  10. RSMo § 443.355, Continuance of sale without readvertisement
  11. RSMo § 443.360, Compensation of trustees
  12. RSMo § 443.370, Penalty for overcharging
  13. RSMo § 443.400, Redemption before sale
  14. RSMo § 443.410, Foreclosures by trustee's sale, redemption
  15. RSMo § 443.420, Notice of redemption, how given
  16. RSMo § 443.430, Motion for approval of bond for redemption
  17. RSMo § 443.440, Certificate of sale, deed on failure to redeem
  18. RSMo § 443.454, Enforcement and servicing of real estate loans, local law preempted
  19. RSMo § 443.190, Petition to foreclose (judicial foreclosure)
  20. RSMo § 534.030, Unlawful detainer defined, foreclosure notice to tenants
  21. RSMo § 534.070, Complaint and summons, court date
  22. RSMo § 534.210, Merits of title cannot be inquired into
  23. RSMo § 534.330, Judgment for complainant
  24. RSMo § 534.350, Execution, when issued
  25. RSMo § 407.935, Foreclosure consultants, definitions
  26. RSMo § 407.937, Right to cancel contract
  27. RSMo § 407.938, Contract form and required notices
  28. RSMo § 407.940, Foreclosure consultants, unlawful acts
  29. RSMo § 407.943, Action against foreclosure consultant
  30. U.S. Court of Appeals for the Eighth Circuit, M&I Marshall & Ilsley Bank v. Sunrise Farms Development, LLC, No. 13-1479 (Dec. 13, 2013), describing Missouri deficiency law and First Bank v. Fischer & Frichtel
  31. Missouri Legal Services: Home Foreclosures
  32. Missouri Legal Services: Steps You Can Take to Avoid Foreclosure
  33. The Missouri Bar: Steps You Can Take to Avoid Foreclosure (brochure)
  34. Missouri Legal Services: Applying for Legal Aid
  35. SAFHR for Homeowners (Missouri HAF program)
  36. MHDC: Resources for Homeowners
  37. U.S. Department of the Treasury: Homeowner Assistance Fund
  38. Missouri Attorney General: Consumer Protection
  39. Missouri Division of Finance: Consumer Complaints
  40. The Missouri Bar: LawyerSearch
  41. Missouri Free Legal Answers
  42. Missouri Department of Revenue: Property Tax Credit