Summary of Missouri's Foreclosure Laws

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If you are facing foreclosure in Missouri, it’s important to understand some of the basics, including:

  • the most common type of foreclosure procedure (judicial v. nonjudicial) used in Missouri
  • how much time you have to respond
  • your rights and protections in the process, and
  • what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).

Below we have outlined some of the most important features of Missouri foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.

Topic

State Rule

Most common type of foreclosure process

Nonjudicial under power of sale in deed of trust

Time to respond

Foreclosing party must send, by registered or certified mail, 20-day notice to the owner of record, among others, and publish notice in a newspaper.

Reinstatement of loan before sale

Not available (except as required by the terms of the deed of trust)

Redemption after sale

Available up to a year after sale, if homeowner gives a notice of intent to redeem at the sale or within ten days before sale, satisfies bond requirement, and the lender buys the property at foreclosure sale.

Special protections for foreclosures involving high-cost mortgages

None

Special state protections for service members

None

Deficiency judgments

May be obtained in a separate lawsuit, whether or not sales price is the property’s fair market value

Cash exempted in bankruptcy

$600; $1,200 if married filing jointly; $1,250 for head of family plus $350 per child.

Notice to leave after house is sold

After a nonjudicial foreclosure, the new owner (usually the foreclosing party) may file an unlawful detainer (eviction) lawsuit against the foreclosed homeowner. Mo. Rev. Stat. § 534.030. 

Foreclosure statutes

Mo. Rev. Stat. §§ 443.290 to 443.440

Updated by: , Contributing Editor

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