You got a Missouri notice of trustee's sale: what it means

What this notice is in Missouri

What it does and does not mean

• You do not have to sign for it for it to count. A post office receipt showing it was mailed is proof of notice (RSMo § 443.325(3)(4)).
• It does not mean you must move. After a sale, the new owner must give you written notice and win a court case before you can be removed.
• The notice period cannot be shorter than your deed of trust requires (RSMo § 443.320). If your deed of trust promises more notice, the trustee must give it.
• If the owner died, no trustee's sale can take place within 6 months after the death (RSMo § 443.300).
• If you pay the debt to the trustee before the sale, the trustee must record a certificate that works like a release of the deed of trust (RSMo § 443.400).

The deadlines it starts and how to count them

• Count back 20 calendar days from the sale date to the day the letter was mailed (the postmark or certified mail receipt). If it was mailed later than that, show it to a lawyer before the sale.
• Newspaper notice: in counties with a city of 50,000 or more it runs at least 20 times in a daily paper; elsewhere it runs in a weekly paper for 4 issues in a row, the last no more than a week before the sale (RSMo § 443.320).
• Notice of intent to redeem: if the lender may buy the home, you must give the trustee written notice at the sale or within 10 days before the advertised sale date (RSMo § 443.410). See the Notice of Intent to Redeem.
• The sale is usually between 9 a.m. and 5 p.m. The trustee can continue it once, for up to 7 days, just by announcing it at the sale. Longer or repeated delays need an agreement between you and the lender, or a new notice (RSMo §§ 443.327, 443.355).
• Federal rule: a complete loss mitigation application must be received more than 37 days before the sale to stop the sale during review (12 C.F.R. § 1024.41(g)). With only 20 days' notice, an application sent after this letter arrives is usually too late for that protection, so ask the servicer to postpone in writing.
• A Chapter 13 bankruptcy can be used to cure the default only if it is filed before the sale (11 U.S.C. § 1322(c)(1)).

What to do today

• Call the trustee named in the notice. Confirm the date, time and place, and ask for the amount needed to pay off or catch up, in writing.
• Call your servicer. Ask it to postpone the sale while it reviews you, and ask about a repayment plan, forbearance or loan modification. Get any agreement in writing.
• Read your deed of trust for any right to catch up before the sale. Missouri has no statute that gives one.
• Decide today whether to send a written notice of intent to redeem, and keep proof of delivery.
• Apply for free legal aid. Missouri Legal Services' Applying for Legal Aid page shows which of the four programs serves your county.
• Read how to stop foreclosure in Missouri for every option.

Free help in Missouri and scam warnings

• Missouri foreclosure consultants cannot take any money until every promised service is fully done, and cannot take a lien, a deed, a power of attorney or any interest in your home (RSMo § 407.940). You can cancel their contract until midnight of the third business day after you sign (RSMo § 407.937).
• Report rescue scams to the Missouri Attorney General's Consumer Protection Section at 800-392-8222.
• If the sale brings more than what is owed, ask the trustee about leftover money. See Missouri foreclosure surplus funds.