Missouri

Missouri Revised Statutes § 443.290. Non-Judicial foreclosure state.

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Judicial Type

Non-Judicial

Redemption

No statutory right of redemption after non-judicial foreclos

Deficiency

Lender may pursue deficiency. The deficiency is limited to d

Mediation

No mandatory statewide program. Some counties have voluntary

Statute Citation

Mo. Rev. Stat. §§ 443.290-443.440

Redemption Period

No statutory right of redemption after non-judicial foreclosure. The sale is final. The borrower's right of redemption is only available before the sale (equitable right of redemption).

Deficiency Judgment Rule

Lender may pursue deficiency. The deficiency is limited to debt − fair market value if the borrower requests a fair value hearing and the court finds the sale price was inadequate. Deficiency suit must be brought in a separate action.

Notice Requirements

Notice of trustee sale published and posted. Notice mailed to borrower at the address in the deed of trust. Missouri requires strict compliance with the terms of the deed of trust.

Mediation Program

No mandatory statewide program. Some counties have voluntary programs.

Key Provisions

Non-judicial foreclosure under power of sale
Trustee must follow terms of deed of trust strictly
Notice published and mailed
No post-sale redemption

Homeowner Protections

Fair value hearing option for deficiency limitation
Strict compliance with deed of trust terms is required — deviations void the sale
Borrower may seek injunction before sale for procedural defects

Frequently Asked Questions

Can I get a fair value hearing in Missouri to limit my deficiency?+

Yes. If the foreclosure sale price was inadequate (less than the fair market value), you can request a fair value hearing in the deficiency action. The court will determine the property's fair market value at the time of the sale and limit the deficiency to: total debt − fair market value (not the sale price). This can substantially reduce or eliminate the deficiency. You must request this hearing in the deficiency action — it is not automatic.

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