State Foreclosure Law

Missouri Foreclosure Laws

Foreclosure laws, timelines, homeowner protections, and free legal resources for Missouri.

Process
Varies
Both judicial and non-judicial available §
Typical Timeline
~210 days
From first notice to sale
Homestead Exemption
$15,000
Automatic — no filing required
Deficiency Judgment
Limited
Not after non-judicial sale
Research depth: Standard · Last reviewed March 10, 2026 · Awaiting attorney validation
3 cited
17 needs check
4 gaps
Not legal advice. This page provides general information about Missouri foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — always confirm current statute text and consult a Missouri-licensed attorney for advice specific to your situation.

Governing Statutes

Citation Title Covers
RSMo § 443.290 et seq. Non-Judicial Foreclosure (Power of Sale) Trustee's power of sale process, 20-day notice, 4-week publication, venue at county courthouse
RSMo § 443.440 Deficiency Judgment Fair market value credit requirement — deficiency limited to difference between FMV and debt, 90-day filing window
RSMo § 443.455 Anti-Deficiency for Purchase Money Bars deficiency on purchase-money deeds of trust for residential property of 30 acres or less
RSMo § 443.130 et seq. Mortgage Instruments Mortgage and deed of trust requirements, assignments, releases

Non-Judicial Foreclosure Process

Awaiting verification
1
Default and CFPB Pre-Filing Period
~120 days
After you miss payments, federal law (CFPB Regulation X) requires your servicer to wait at least 120 days before starting foreclosure. During this window, the servicer must try to contact you and review all options to help you keep your home. Missouri does not add any extra state notice requirements beyond this federal rule.
2
Appointment of Successor Trustee (if applicable)
~5 days
If the original trustee named in your deed of trust is unavailable, the lender appoints a replacement by recording a Deed of Appointment (RSMo § 443.300). Most lenders appoint a professional trustee or foreclosure law firm. The replacement trustee has all the same powers as the original.
3
Direct Notice to Debtor
~20 days
The trustee must mail you written notice by certified mail at least 20 days before the sale (RSMo § 443.325). The notice must identify your deed of trust, describe the property, state what you owe, and give the date, time, and place of the sale. This mailed notice is separate from the newspaper publication requirement.
4
Publication of Notice of Trustee's Sale
~35 days
The trustee publishes a sale notice in a county newspaper once a week for four consecutive weeks (RSMo § 443.320). The last publication must appear at least 10 days before the sale date. The notice must describe the property, identify the deed of trust, state the default, and give the sale date, time, and location.
5
Trustee's Sale (Public Auction)
~1 days
The property is sold at public auction at the county courthouse. Anyone may attend and bid. The lender may credit bid up to the full debt. The highest bidder pays immediately in cash or certified funds. If no one outbids the lender, it takes the property. The trustee may postpone the sale by announcement (RSMo § 443.330).
6
Trustee's Deed and Title Transfer
~3 days
The trustee records a deed transferring the property to the buyer. All junior liens (except property taxes) are wiped out. There is no redemption period — the sale is final on the sale date.
7
Eviction (Unlawful Detainer)
~30 days
If you remain in the home after the deed is recorded, the new owner serves a 10-day notice to quit, then files an unlawful detainer action in associate circuit court. The court can issue a writ directing the sheriff to remove occupants. The process typically takes 30-60 days. Tenants with valid leases get 90 days notice under federal law (PTFA).

Judicial Foreclosure Process

Awaiting verification
1
File Foreclosure Petition in Circuit Court
The lender files a foreclosure petition in the circuit court of the county where the property is located. The petition names all parties with interests in the property — borrower, junior lienholders, and others. The court issues a summons for each defendant.
2
Court Proceedings, Judgment, and Sale
The case proceeds through civil litigation — service, answer, possible motions. If the lender prevails, the court enters a decree of foreclosure and directs a judicial sale. After the sale, the former owner has a 1-year statutory right of redemption under RSMo § 443.190 — they may reclaim the property by paying the purchase price plus interest within 1 year. Because of this 1-year redemption cloud, judicial foreclosure is very rarely used in Missouri.

Homeowner Protections

Awaiting verification
Homestead Exemption
$15,000
Automatic — no filing required. Does not protect against foreclosure by the mortgage holder (only judgment creditors).
Deficiency Judgment
Prohibited after non-judicial sale
Allowed with limits: lender must credit fair market value against the debt (not the auction price), and must file within 90 days of sale (RSMo § 443.440).
Right of Redemption
No post-sale redemption.
Pre-sale reinstatement available. Before the foreclosure sale.
Right to Cure
You can cure the default at any time before the sale by paying all past-due amounts plus fees
All past-due mortgage payments, late charges, attorney fees, trustee fees, and other charges as specified in the deed of trust. After cure, the deed of trust remains in force.

Mediation

Missouri does not have a mandatory statewide foreclosure mediation program. Federal loss mitigation requirements under CFPB Regulation X still apply to all servicers.

Free Legal Resources in Missouri

  • Legal Services of Eastern Missouri
    Eastern Missouri — St. Louis City, St. Louis County, and surrounding eastern Missouri counties legal aid.
    lsem.org →
  • Legal Aid of Western Missouri
    Western Missouri — Kansas City metro (Jackson, Clay, Platte, Cass counties) and surrounding western Missouri counties legal aid.
    lawmo.org →
  • Central Missouri Legal Services
    Central Missouri — Columbia (Boone County), Jefferson City (Cole County), and surrounding central Missouri counties legal aid.
    lsmo.org →
  • The Legal Aid and Defender Association (LAD)
    Kansas City metro area legal aid.
    lsmo.org →
  • 🏠
    HUD-Approved Housing Counselors
    Free, federally funded housing counseling agencies in Missouri. Can help with loan modification applications, mediation preparation, and understanding your options.
    Find a counselor in Missouri →
  • 📋
    Missouri Bar — Lawyer Referral Service
    Lawyer referral service for your area.
    mobar.org →
🛟
If you're facing foreclosure in Missouri, free help is available right now. Call 1-800-569-4287 or find a HUD-approved housing counselor near you at no cost.