- Who sends it
- The trustee signs it and gives it to the buyer, who usually records it with the county recorder of deeds
- What it starts
- The buyer's claim to own the home. With a certificate of sale, up to 1 year from the sale to redeem
- Do this first
- Get a copy from the recorder of deeds, check the sale price, and write to the trustee about any leftover money
What this document is in Missouri
A sale under a power of sale ends all right of redemption in the property, except for the special rule for lender buyers (RSMo § 443.290). The trustee then gives the buyer a deed.
The deed recites the default, the advertising, the sale and the payment. Under RSMo § 443.380, Missouri courts accept those recitals as prima facie evidence that the facts are true. That means anyone who says the sale was not done right has to bring proof.
If you gave a Notice of Intent to Redeem and the court approved your bond, the trustee gives the buyer a certificate of sale or purchase instead. If you do not redeem within the year, the trustee then gives the buyer a deed. A deed signed too early works only as a certificate of sale (RSMo § 443.440).
What it does and does not mean
- It is not an eviction order. The buyer still has to give you written notice and win an unlawful detainer case before you can be removed (RSMo § 534.030).
- It does not mean you owe nothing more. If the sale price was less than the debt, the lender can sue you for the difference. See Missouri deficiency rules.
- It does not mean you get nothing. If the price was more than the loan, costs and other liens, there may be money left. Missouri has no statute setting a claim process for trustee's sale surplus, so you ask the trustee.
- A certificate of sale means the redemption year is running. If you redeem, the buyer must give a recordable acknowledgment of redemption if its certificate was recorded (RSMo § 443.440).
The deadlines around it and how to count them
- Redemption, if it applies: one year from the date of the sale, not from the date the deed or certificate is recorded (RSMo § 443.410).
- Deficiency suits: the lender generally has 10 years to sue on the note, counted from the due date or the accelerated due date (RSMo § 400.3-118).
- Surplus: no Missouri deadline for trustee's sale surplus was found, so write to the trustee as soon as you can.
What to do this week
- Get a copy of the recorded deed or certificate from the county recorder of deeds.
- Check the sale price, the buyer's name and the sale date it lists.
- Write to the trustee. Ask for the sale price, what was paid to the loan, costs and other liens, and whether any money is left for you. Give your new mailing address and keep a copy.
- If you think the sale broke the rules, talk to legal aid or a lawyer quickly. A separate lawsuit is usually needed, because title cannot be decided in an eviction case (RSMo § 534.210).
- Read Missouri foreclosure surplus funds before you sign any agreement with a surplus finder.
Free help in Missouri and scam warnings
Missouri Legal Services' Applying for Legal Aid page shows which free program serves your county. The Missouri foreclosure help page lists more.
- Recorded deeds are public, and surplus finders watch them. For trustee's sale surplus, no Missouri fee cap was found, so ask the trustee yourself before you agree to give anyone a share.
- Missouri Legal Services notes that the lender is often the only bidder and bids the full debt, which leaves nothing more owed and no surplus. Check the numbers before you assume either way.
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
Can I challenge a Missouri trustee's deed?
It is hard but possible. The deed's statements about the default, advertising and sale are accepted as prima facie evidence (RSMo § 443.380), so you need proof they are wrong. Title is not decided in the eviction case (RSMo § 534.210), so talk to legal aid or a lawyer about a separate lawsuit right away.
Why did the buyer get a certificate of sale instead of a deed in Missouri?
Because a redemption bond was given and approved after the lender bought the home. The trustee issues a certificate of sale at the buyer's request, and the deed comes only if you do not redeem within one year from the sale (RSMo § 443.440).
Will I owe money after a Missouri trustee's sale?
You might. We found no Missouri statute barring a deficiency on a home loan, and the Missouri Supreme Court measures it from the sale price if the sale was fairly run. Missouri Legal Services says that if the lender bought for the full debt, you do not owe more.
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.
- 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.
- Notice to Occupant Following ForeclosureIf you rented a Missouri home that was sold at a trustee's foreclosure sale, the new owner must send you this notice before it can try to remove you. No eviction case can be filed until at least 10 business days after the date of the notice. Staying does not make you the new owner's tenant unless you sign a new agreement.
- 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.
Sources
- RSMo § 443.290 (power of sale forecloses redemption)
- RSMo § 443.380 (recitals in trustee's deed prima facie evidence)
- RSMo § 443.440 (certificate of sale, deed on failure to redeem)
- RSMo § 443.410 (redemption within one year)
- RSMo § 534.210 (merits of title not decided in unlawful detainer)
- Missouri Legal Services: Home Foreclosures