- Who sends it
- The new owner of the foreclosed home, by certified or registered mail (or regular mail addressed to "occupant"), and posted on your door
- What it starts
- At least 10 business days from the date of the notice before any eviction case can be filed
- Do this first
- Count 10 business days from the date on the notice and call legal aid or the new owner the same week
What this notice is in Missouri
RSMo § 534.030(2) and (3) protect a person who was a residential tenant in the home before the foreclosure. After the sale, the new owner must give that tenant notice that the sale happened, that it is the new owner, and, if it wants possession, that the tenant has at least 10 business days from the date of the notice to leave.
The envelope must have the words "Notice to Occupant Following Foreclosure" printed on its face. It goes by certified or registered mail if the owner knows your name, or by regular mail addressed to "occupant" if not. A copy must also be posted on the door of your home.
The notice must say, in substance, who the new owner is, the address of the home, the date of the trustee's foreclosure sale, the number of business days (at least 10) before the owner may seek a court order, and the owner's name, address and phone number.
What it does and does not mean
- It is not a court order. The new owner still has to file an unlawful detainer case and win before you can be removed.
- No unlawful detainer or other action for possession may be started against you within 10 business days after the date of the notice (RSMo § 534.030(2)).
- Remaining in the home after the notice does not make you a tenant of the new owner. But the owner may agree to let you stay under a new rental or lease agreement.
- Federal law may give renters more time after a foreclosure. Read the national page on tenant notices after foreclosure and ask legal aid.
The deadline it starts and how to count it
- Start counting from the date of the notice, not the day you found it on your door.
- Count only business days: skip Saturdays, Sundays and holidays. The statute does not list which holidays count, so if a holiday falls in the period, ask legal aid.
- On or after the day named in the notice (at least the 10th business day), the owner may file. The court date is then set no more than 21 business days after the summons is issued, unless the owner agrees in writing to a later date (RSMo § 534.070).
See the unlawful detainer summons for what happens next.
What to do this week
- Write the 10th business day on your calendar.
- Gather your lease and proof of rent paid to the old landlord.
- Contact the new owner at the address or phone on the notice. Ask in writing whether it will offer a new lease or more time to move, and to whom rent should be paid.
- Apply for free legal aid through Missouri Legal Services' Applying for Legal Aid page.
- Ask your old landlord in writing about your security deposit.
Free help in Missouri and scam warnings
Missouri Legal Services' Applying for Legal Aid page shows which of the four free legal aid programs serves your county. The Missouri foreclosure help page lists more.
- Pay rent only to someone you can confirm is the new owner or its agent. Ask for the owner's name and address in writing, which the notice must include.
- Report anyone who tries to collect rent for a foreclosed home they do not own to the Missouri Attorney General at 800-392-8222.
The rest of the Missouri process
See how foreclosure works in Missouri, the timeline, ways to stop it and free help in Missouri, or read the national guide to this letter.
Common questions
How long does a renter have after a Missouri foreclosure?
Under Missouri law, the new owner cannot file an eviction case until at least 10 business days after the date of the Notice to Occupant Following Foreclosure (RSMo § 534.030). Federal law may give more time, so ask legal aid.
Am I the new owner's tenant now?
Not automatically. RSMo § 534.030 says staying after the notice does not create a tenancy with the new owner. You and the owner can agree to a new rental or lease agreement.
The Missouri notice was only taped to my door. Is that enough?
The law requires both mailing (certified or registered mail if your name is known, regular mail to "occupant" if not) and posting on the door (RSMo § 534.030(3)). If you did not get the mailed copy, tell legal aid and keep the posted one.
Other Missouri letters
- Notice of Trustee's SaleIn Missouri, this certified letter is often the only foreclosure notice the law requires. The sale can be held as soon as 20 days after it is mailed, whether or not you pick it up. It is also your cue to send a notice of intent to redeem if you may want to buy the home back.
- Notice of Intent to Redeem (and redemption bond)Missouri has an unusual one-year right to buy your home back, but only if the lender (or someone buying for it) buys at the sale. To keep that right, you must give the trustee written notice of your intent to redeem at the sale or within 10 days before it, then get a bond approved by the circuit court within 20 days after the sale.
- Trustee's Deed (or Certificate of Sale)After a Missouri trustee's sale, the trustee gives the buyer a trustee's deed, which usually ends your rights in the home. If you gave notice of intent to redeem and a bond was approved, the buyer gets a certificate of sale instead, and the deed waits until your one-year redemption time runs out. Neither one is an eviction order.
- Written Notice of Foreclosure and Demand for PossessionAfter a Missouri foreclosure sale, the new owner must give you written notice of the foreclosure and a written demand to give up the home before it can file an unlawful detainer case. Missouri law sets no minimum number of days for a former owner. It is not a court order, and no one can remove you without one.
- Unlawful Detainer SummonsAn unlawful detainer summons means the new owner has filed an eviction case in circuit court. The court date must be within 21 business days of the summons unless the owner agreed to later. Go to court on that date. The judge decides who has the right to possession, not who owns the home.