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Missouri · Weigh your options

Can the lender come after you for the rest? Deficiency judgments in Missouri

Yes. We found no Missouri statute that bars a deficiency on a home loan, so if the trustee's sale brings less than you owe, the lender can sue you for the rest. The Missouri Supreme Court measures the shortfall by the sale price, not fair market value, as long as the sale was fairly conducted. The lender generally has 10 years to sue on the note.

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.

Deficiency rules in Missouri, point by point

  • A deficiency is allowed after a trustee's sale

    After the trustee's sale

    Missouri foreclosures are usually trustee's sales without a court. If the sale does not cover the debt, the lender can file a lawsuit against you for the difference.

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

  • The sale price measures the shortfall

    If the sale was fairly conducted

    In 2012 the Missouri Supreme Court kept the rule that the deficiency is the debt minus the foreclosure sale price, not minus fair market value, when the sale was fairly conducted. That case involved a commercial borrower.

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

  • Ten years to sue on the note

    10 years after the due date or acceleration

    A suit on a note payable at a definite time must be filed within 10 years after the due date, or the accelerated due date if the loan was called due. Missouri also gives 10 years for an action on a writing for the payment of money.

    RSMo §§ 400.3-118, 516.110

  • Short sale or deed in lieu

    Before you sign

    We did not find a Missouri statute that decides whether you owe a balance after a short sale or deed in lieu. The written agreement controls, so ask for a written release of any remaining debt.

  • How long a judgment lasts

    10 years, unless revived

    A judgment is presumed paid 10 years after it is entered. That clock restarts if the judgment is revived with personal service on you, or if a payment is recorded on it.

    RSMo § 516.350

  • Wage garnishment limits

    Each pay period

    Garnishment cannot take more than the least of 25 percent of your after-tax pay, the amount above 30 times the federal minimum wage, or 10 percent if you are a Missouri resident and head of a family. Your employer cannot fire you because of a garnishment for one debt.

    RSMo § 525.030

  • If you are sued for a deficiency

    By the deadline on the summons

    File an answer on time. Check the dates against the 10-year limit and ask whether the sale was fairly conducted. Missouri Legal Services or a lawyer through The Missouri Bar can help.

The short answer in Missouri

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)

Common questions in Missouri

Can a Missouri garnishment take only 10 percent of my pay if I support a family?

Yes, if you are the head of a family and a Missouri resident, the garnishment is limited to 10 percent of your after-tax earnings when that is the smallest of the three limits. Every garnishment notice or writ must print these limits, so check yours and ask legal aid if the amount looks wrong.

Can I be fired because my wages are garnished for a Missouri deficiency judgment?

Missouri law says an employer may not fire you because your earnings were garnished for any one debt. An employer that willfully breaks this rule commits a misdemeanor.

How long can a Missouri deficiency judgment be collected?

A Missouri judgment is presumed paid after 10 years unless it is revived with personal service on you or a payment is recorded on it, which restarts the 10 years. After that, no execution or lawsuit can be brought on it.

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.

Also in Missouri

Property tax foreclosure Claim surplus funds Deficiency judgments (this page)Letters you may get

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Sources for this page

  1. RSMo § 400.3-118, Statute of limitations on notes
  2. RSMo § 516.110, Actions within ten years
  3. RSMo § 516.350, Judgments presumed paid
  4. RSMo § 525.030, Wage garnishment limits
  5. RSMo § 443.290, Mortgages and security agreements with power of sale
  6. RSMo § 443.300, Death of debtor, foreclosure stayed
  7. RSMo § 443.310, Sales, where made, number of days' notice
  8. RSMo § 443.320, Notice, contents, how published
  9. RSMo § 443.325, Individual notice of foreclosure sale
  10. RSMo § 443.327, Times and places of trustee's sale
  11. RSMo § 443.355, Continuance of sale without readvertisement
  12. RSMo § 443.360, Compensation of trustees
  13. RSMo § 443.370, Penalty for overcharging
  14. RSMo § 443.400, Redemption before sale
  15. RSMo § 443.410, Foreclosures by trustee's sale, redemption
  16. RSMo § 443.420, Notice of redemption, how given
  17. RSMo § 443.430, Motion for approval of bond for redemption
  18. RSMo § 443.440, Certificate of sale, deed on failure to redeem
  19. RSMo § 443.454, Enforcement and servicing of real estate loans, local law preempted
  20. RSMo § 443.190, Petition to foreclose (judicial foreclosure)
  21. RSMo § 534.030, Unlawful detainer defined, foreclosure notice to tenants
  22. RSMo § 534.070, Complaint and summons, court date
  23. RSMo § 534.210, Merits of title cannot be inquired into
  24. RSMo § 534.330, Judgment for complainant
  25. RSMo § 534.350, Execution, when issued
  26. RSMo § 407.935, Foreclosure consultants, definitions
  27. RSMo § 407.937, Right to cancel contract
  28. RSMo § 407.938, Contract form and required notices
  29. RSMo § 407.940, Foreclosure consultants, unlawful acts
  30. RSMo § 407.943, Action against foreclosure consultant
  31. 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
  32. Missouri Legal Services: Home Foreclosures
  33. Missouri Legal Services: Steps You Can Take to Avoid Foreclosure
  34. The Missouri Bar: Steps You Can Take to Avoid Foreclosure (brochure)
  35. Missouri Legal Services: Applying for Legal Aid
  36. SAFHR for Homeowners (Missouri HAF program)
  37. MHDC: Resources for Homeowners
  38. U.S. Department of the Treasury: Homeowner Assistance Fund
  39. Missouri Attorney General: Consumer Protection
  40. Missouri Division of Finance: Consumer Complaints
  41. The Missouri Bar: LawyerSearch
  42. Missouri Free Legal Answers
  43. Missouri Department of Revenue: Property Tax Credit