Short answer: Missouri lets lenders foreclose by trustee’s sale, outside of court, when the deed of trust allows it (RSMo 443.410). For most home loans, federal rules bar the servicer from starting foreclosure until you’re more than 120 days behind (12 CFR 1024.41(f)), and Missouri requires at least 20 days’ notice of the sale (RSMo 443.310). The earliest sale usually comes roughly five months after the first missed payment.
Missouri Foreclosure Timeline at a Glance
- Missed payment. Late fees and calls from the servicer begin, according to the terms of your loan.
- More than 120 days behind. For most residential mortgages, this is the earliest point the servicer can make the first notice or filing that starts a foreclosure (12 CFR 1024.41(f)).
- Notice of trustee’s sale. At least 20 days before the sale (RSMo 443.310). The notice is published in a newspaper. In counties with a city of 50,000 or more, such as Jackson County, that means a daily paper at least 20 times, continuing to the day of sale. Elsewhere it runs in a weekly paper for four successive issues (RSMo 443.320).
- The trustee’s sale. Held in the county where the property is located (RSMo 443.310).
- After the sale. Missouri gives a one-year right of redemption only in a narrow case: the lender buys the property at the sale, and the borrower gave written notice of intent to redeem at the sale or within 10 days before it. The borrower must then pay the debt, interest and costs within the year (RSMo 443.410). Other requirements can apply, so talk to an attorney.
The “roughly five months” estimate is just the 120-day federal rule plus Missouri’s 20-day notice. Your timeline can be longer if you apply for loss mitigation, if the servicer is slow, or if the sale is postponed. A few loans and situations fall outside the 120-day rule.
Get Notice of the Sale Mailed to You
Anyone, for example a co-owner or an heir, can record a request for notice of sale with the county recorder of deeds. The foreclosing party then has to mail a copy of the sale notice (RSMo 443.325).
Your Options Before the Sale
- Catch up. Ask the servicer for a reinstatement figure: the total needed to bring the loan current.
- Loss mitigation. Apply for a loan modification, repayment plan or forbearance. Submit a complete application as early as you can, because federal rules give more protection to applications completed well before a scheduled sale.
- Sell the house. If the house is worth more than you owe, selling before the sale date pays off the loan and keeps the remaining equity with you.
- Short sale or deed in lieu. If you owe more than the house is worth, the lender may agree to accept less or to take the deed instead.
- Get advice. A HUD-approved housing counselor or a bankruptcy or real estate attorney can explain options that depend on your finances.
Selling Before the Trustee’s Sale
A sale has to close before the trustee’s sale date, so time matters. When you sell your house for cash to stop a foreclosure, the title company gets a payoff from your servicer and pays it at closing, and any remaining equity goes to you. Tell us your sale date when you call, and we’ll tell you honestly whether we can close in time. We buy houses as-is across Kansas City.
Related: Can I sell my house while in foreclosure in Missouri? · Do you get any money if your house is foreclosed in Missouri?
This guide is general information, not legal or financial advice. Talk to an attorney or a HUD-approved housing counselor about your situation.
Missouri Foreclosure FAQs
For most home loans, the servicer can’t start foreclosure until you’re more than 120 days behind (12 CFR 1024.41(f)), and Missouri requires at least 20 days’ notice of the trustee’s sale (RSMo 443.310). The earliest sale is usually roughly five months after the first missed payment, and it’s often later.
At least 20 days (RSMo 443.310). The notice is also published in a newspaper: at least 20 times in a daily paper in counties with a city of 50,000 or more, or for four successive weekly issues elsewhere (RSMo 443.320).
It doesn’t have to. Missouri allows foreclosure by trustee’s sale under a deed of trust, without a lawsuit, though a lender can also foreclose by suit (RSMo 443.410).
Yes, as long as the sale closes before the trustee’s sale and the loan is paid off at closing, or the lender approves a short sale. Start right away and tell any buyer your sale date.
Only in a narrow case: the lender buys the property at the sale, and the borrower gave written notice of intent to redeem at the sale or within 10 days before it. The borrower then has one year to pay the debt, interest and costs (RSMo 443.410). Other requirements may apply, so ask an attorney.
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