- Who sends it
- The new owner (often the lender that bought at the sale) or its agent or attorney
- What it starts
- If you stay after the written demand, the owner can file an unlawful detainer case in circuit court
- Do this first
- Note the move-out date it gives, contact the owner in writing about time to move, and call legal aid
What this notice is in Missouri
RSMo § 534.030 says a person is guilty of an unlawful detainer if, after a deed of trust has been foreclosed and the person has received written notice of the foreclosure, and after a written demand for possession by the person with the legal right to it, the person refuses or neglects to leave.
So the new owner needs two things in writing before filing: notice that the foreclosure happened and a demand that you give up possession. They often come in one letter. Missouri Legal Services describes it as a written notice to leave the home.
What it does and does not mean
- It is not an eviction order. Missouri Legal Services says the new owner cannot legally remove you and your belongings without a court order, and to contact the police if anyone tries.
- If the owner sues and wins, the judgment can include double the damages and double the monthly rental value from the day it sets until you leave (RSMo § 534.330).
- Renters are treated differently. A tenant who rented before the sale gets a Notice to Occupant Following Foreclosure and at least 10 business days.
- If you gave notice of intent to redeem and your bond was approved, the court may appoint a receiver to hold the home during the redemption year (RSMo § 443.430). Ask a lawyer how that affects possession.
The deadline it starts and how to count it
- Missouri law does not set a minimum number of days between this demand and an eviction filing for a former owner. Treat the date in the letter as the day a case may be filed.
- Once a case is filed, the court date must be 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.
- Double rent can be charged from the date the court sets, so staying longer can cost you.
See what happens after a Missouri foreclosure sale for each step.
What to do this week
- Decide whether you can move by the date in the letter.
- Missouri Legal Services suggests contacting the new owner to negotiate more time to move, and offering a reasonable rent for the extra time. Put any agreement in writing.
- Ask whether the owner will pay cash for keys, and read any agreement before you sign.
- Pack important papers and valuables first.
- Apply for free legal aid through Missouri Legal Services' Applying for Legal Aid page.
- Ask the trustee in writing about any leftover sale money. See Missouri foreclosure surplus funds.
Free help in Missouri
Missouri has four free legal aid programs, and Missouri Legal Services' Applying for Legal Aid page shows which one serves your county. If you do not qualify, The Missouri Bar's LawyerSearch lists lawyers taking new clients. The Missouri foreclosure help page lists more.
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 many days does a Missouri former owner get to move out after foreclosure?
Missouri law sets no fixed number of days for a former owner. The new owner must give written notice of the foreclosure and a written demand for possession before filing an unlawful detainer case (RSMo § 534.030). After that, the court process sets the timing.
Can the new owner change the locks after a Missouri foreclosure?
No. Missouri Legal Services says the new owner cannot legally remove you or your belongings without a court order, and to contact the police if anyone tries.
Can I be charged rent for staying after a Missouri foreclosure?
Yes, if the owner sues and wins. The judgment can award double the monthly rental value until you give up the home, plus double damages and costs (RSMo § 534.330). Missouri Legal Services suggests offering a reasonable rent if you need more time.
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.
- 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.