Missouri Foreclosure
The Missouri foreclosure process allows the judicial foreclosure process in cases where there is no power of sale clause in the deed of trust. The judicial foreclosure process requires that the lender file a lawsuit in court. The judge will give you some time to pay off the amount that you're in arrears. Once that time passes, if there are no mitigating circumstances, the judge will issue a court order to foreclose. The process will end with the property being sold at a public auction.
If the mortgage or deed of trust contains a power of sale clause and further if that power of sale clause specifies the time, place and terms of the sale, then those instructions are followed. Otherwise, the non-judicial foreclosure process is carried out as follows:
- A notice of sale must be mailed to you the borrower at least 20 days before the date of the sale.
- This notice of sale must also be published in a newspaper of the county where the property is located.
- The sale is conducted at public auction.
This process will take at least 2 months. Keep in mind that this is the time that it'll take under optimal conditions for the lender; it could take a lot more time.
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