A Notice of Sale in Missouri is a formal, public declaration that a property is scheduled to be sold to satisfy a debt or other legal obligation. This document ensures that property owners, lienholders, and the general public are informed before a sale occurs. Missouri law establishes specific requirements for when these notices must be issued, what information they must contain, and how they must be delivered to be legally valid. Proper execution of this notice is a key step in legal processes involving property sales.
When a Missouri Notice of Sale is Typically Issued
A Notice of Sale is mandated in several distinct legal situations in Missouri. One of the most common is a non-judicial foreclosure, where a lender uses a “power of sale” clause in a deed of trust to sell a property after a borrower defaults on their mortgage. Judicial foreclosures, which are processed through the court system, also require a formal notice before the property can be auctioned.
Another frequent use is for property tax sales. When a property owner is delinquent on their taxes, county collectors are empowered by Missouri Revised Statutes Chapter 140 to sell the property to recover the unpaid amount.1Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 140.150 The notice is also used in execution sales, where a court orders the sale of a debtor’s property to satisfy a monetary judgment, and for the sale of abandoned personal property, like vehicles or items left in a storage unit.
Key Information Required in a Missouri Notice of Sale
For a Notice of Sale to be legally compliant in Missouri, it must contain specific information, with requirements varying by the type of sale. For real estate foreclosures under Missouri Revised Statutes Chapter 443, the notice must include the names of the original parties to the deed of trust, a legal description of the property, and the book and page number where the deed is recorded.2Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 443.320 It must also state the specific date, time, and location of the public sale.
In all cases, the notice must identify the debtor, the property owner of record, and the entity forcing the sale, such as the trustee or county collector. The terms of the sale, like payment in “cash” or “certified funds,” must be clearly stated. For tax sales, the notice will specify the amount of delinquent taxes owed. The document must reference the legal instrument that authorizes the sale, and failure to include this information can render the notice and subsequent sale invalid.
Missouri’s Rules for Delivering and Publishing a Notice of Sale
Missouri law dictates strict procedures for its dissemination to ensure all interested parties are properly informed. For non-judicial foreclosures, state law requires the notice to be published in a newspaper of general circulation in the county where the property is located. The publication requirements are specific: in counties with cities of 50,000 or more inhabitants, the ad must be published in a daily newspaper at least twenty times, continuing until the day of the sale. In other counties, publication in a weekly paper for four successive issues is required.
Beyond publication, direct notification is often necessary. For property tax sales, the county collector must send notice via first-class mail to the publicly recorded owner of record. If the property’s assessed value is over $1,000, a second notice by certified mail is required. Individuals can also file a formal request with the county recorder’s office under state law to receive personal notice of a foreclosure sale, which obligates the foreclosing party to mail them the notice.3Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 443.325
The Sale Process Following a Notice of Sale in Missouri
Once the Notice of Sale has been properly delivered and published and the required time has passed, the sale can proceed. These sales are conducted as a public auction, open to any bidder. The person conducting the sale varies by context; for a deed of trust foreclosure, it is the trustee, for a tax sale it is the county collector, and for an execution sale, it is the county sheriff. The property is sold to the highest bidder, who must pay the full amount in cash or certified funds at the time of the sale.
The proceeds from the sale are first used to cover the costs of the sale, then to pay off the debt that triggered the action. If any money is left over after all obligations are met, this surplus is paid to the former property owner. The winning bidder receives a legal document transferring ownership, such as a Trustee’s Deed in a foreclosure or a Certificate of Purchase at a tax sale. This certificate can later be exchanged for a Collector’s Deed if the property is not redeemed.4Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 140.250 Redemption rights for the original owner are available under certain conditions for mortgage foreclosures in Missouri.5Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 443.410