Missouri Foreclosure Law

In Missouri, including Kansas City, Missouri, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non judicial foreclosure process. Deficiency Judgements are not allowed in Missouri including Kansas City Missouri.

Missouri Foreclosure Timeline

The Missouri Foreclosure timeline is typically 60 days.

Judicial Foreclosure is available in Missouri and Kansas City Missouri

The MO judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. Generally, after the court declares a foreclosure, your home will be auctioned off to the highest bidder.

Non-Judicial Foreclosure is also available in Missouri and Kansas City Missouri

The MO non judicial process of foreclosure in Missouri and Kansas City Missouri is used when a power of sale clause exists in a mortgage or deed of trust.

What is a power of sale clause?

A "power of sale" clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default.

In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee.

Power of Sale Foreclosure guidelines and rules in Missouri, including Kansas City Missouri

Specified procedure must be followed if the deed of trust or mortgage contains a power of sale clause AND specifies:

• the time,
• place and
• terms of sale

Otherwise, the foreclosure in Missouri including foreclosure in Kansas City Missouri (KCMO) may proceed as follows:

1. A notice of sale must be mailed the borrower, at his last known address, at least twenty (20) days prior to the scheduled day of sale.
2. The notice of sale must also be published in a newspaper within the county.
3. The sale is conducted by the trustee at public auction for cash to the highest bidder. Anyone may bid, including the lender. If the lender is the winning bidder, the borrower has one year (12 months) to redeem the property.