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FinancingDeed_of_trust_vs_mortgageMEDIUM

Robert is a real estate broker in Kansas City who recently transferred from Texas, where mortgages are the standard security instrument. A buyer client asks Robert about the foreclosure process if they ever defaulted on their Missouri home loan. Which statement should Robert make that is accurate under Missouri law?

Correct Answer

A) Missouri uses a non-judicial trustee's sale process, with 20-day newspaper publication notice and no court filing required

Under RSMo §§ 443.290–443.430, Missouri's standard foreclosure process for deeds of trust is non-judicial, meaning no court filing is required. The trustee must publish notice of the sale for 20 consecutive days in a newspaper of general circulation in the county where the property is located. This process is faster than judicial foreclosure and does not involve a judge or court order. This is a critical Missouri-specific distinction that brokers transferring from mortgage states must understand.

Answer Options
A
Missouri uses a non-judicial trustee's sale process, with 20-day newspaper publication notice and no court filing required
B
Missouri uses a non-judicial process with a 60-day notice period mailed directly to the borrower by the lender
C
Missouri requires a court lawsuit to foreclose, but the process is faster than Texas due to streamlined court procedures
D
Missouri requires a court lawsuit to foreclose, and the borrower has a one-year redemption period after the court judgment

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Related Topics & Key Terms

Key Terms:

non_judicial_foreclosuretrustees_sale20_day_noticedeed_of_trust_vs_mortgage
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