Missouri Foreclosure: Timeline and How to Stop It

How Missouri Foreclosure Usually Works

Missouri allows foreclosure through the courts or through a non-court trustee's sale, and most lenders use the faster trustee's sale when the deed of trust contains a power of sale. As one local real estate attorney notes, Missouri foreclosures generally move more quickly than Kansas ones, which is why staying alert matters.

Stage 1: Missed payments

Once you miss a payment, late fees start after the grace period in your loan documents. Federal rules require servicers to try to reach you about foreclosure alternatives early on, as this overview of Missouri foreclosure describes, including an attempt to make contact by phone within 36 days of a missed payment and written information about options within 45 days.

Stage 2: The 120-day point

Servicers generally may not make the first notice or filing for foreclosure until a loan is more than 120 days delinquent, according to the Consumer Financial Protection Bureau. This is the most important stretch for applying for help.

Stage 3: Notice of sale

Under RSMo 443.325, the foreclosing party must mail notice by certified or registered mail at least twenty days before the scheduled sale. The sale must also be advertised in a newspaper under RSMo 443.320. Once you have a sale date, count the days.

Stage 4: The trustee's sale

The home is sold at a public auction on the date in the notice.

Stage 5: After the sale

If you remain in the home, the new owner can file an eviction case called unlawful detainer. Missouri also allows lenders to seek a deficiency judgment after a non-court foreclosure in some cases, per the same overview, so it helps to ask an attorney how that could apply to you.

Ways People Try to Stop or Avoid Foreclosure

• Reinstatement. Paying the past-due amount, plus fees, to bring the loan current.
• Repayment plan or forbearance. Your servicer may spread the missed amount over future payments or pause payments temporarily.
• Loan modification. Changing loan terms to make the payment affordable. Approval is not guaranteed.
• Selling the home. If there is enough equity, a sale before the auction can pay off the loan. See our distressed-home page.
• Short sale. If you owe more than the home is worth, the lender may approve a sale for less than the balance. It requires their approval and nothing is certain.
• Deed in lieu of foreclosure. You give the home back to the lender voluntarily, if they agree.
• Bankruptcy. Sometimes used to pause a sale. It carries serious consequences, so only a bankruptcy attorney can advise you.
• Check for mistakes. Foreclosure rules are strict. An attorney can tell you if a required step was missed, which may give you leverage or more time.

We cover this in a short checklist form in how to stop foreclosure in Kansas and Missouri.

Frequently Asked Questions

How long do I have before a Missouri foreclosure sale?

Once notice is mailed, the law requires at least twenty days before the sale date, but the process leading up to notice can take months. Look at the date on your notice and act right away.

Can I still sell my house after getting a notice of sale?

Often yes, if the sale can close and the loan can be paid off before the auction. It can be tight, so start immediately.

Will I lose my home if I miss one payment?

One missed payment does not usually lead straight to a sale. Still, contact your servicer early, since delays reduce your options.

Do I need a lawyer?

You are not required to have one, but an attorney or legal aid office can review your documents and advise you. Many people also use a free housing counselor alongside.

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