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FinancingDeed_of_trust_vs_mortgageHARD

Carol is a real estate agent in Missouri helping a buyer who previously experienced a trustee's sale foreclosure in Missouri. The buyer asks Carol whether Missouri law provides any right to reclaim the property after the trustee's sale is completed. Which of the following most accurately describes Missouri's post-sale redemption rights in a non-judicial deed of trust foreclosure?

Correct Answer

C) Missouri does not provide a statutory right of redemption after a completed non-judicial trustee's sale under a deed of trust

Unlike states with judicial foreclosure that commonly provide statutory redemption periods (often six months to one year), Missouri does not provide a post-sale statutory right of redemption after a completed non-judicial trustee's sale under a deed of trust. Once the trustee's sale is properly conducted following the 20-day publication notice under RSMo §§ 443.290–443.430, the sale is final and the former borrower has no statutory right to redeem the property by paying the sale price. This is a significant distinction from judicial foreclosure states and is a frequently tested trap on the Missouri exam.

Answer Options
A
Missouri provides a statutory one-year right of redemption after a trustee's sale, allowing the borrower to reclaim the property by paying the sale price plus interest
B
Missouri provides a six-month right of redemption after a trustee's sale for owner-occupied residential properties only
C
Missouri does not provide a statutory right of redemption after a completed non-judicial trustee's sale under a deed of trust
D
Missouri provides a 90-day right of redemption after a trustee's sale, but only if the borrower files a court petition within 30 days of the sale

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Related Topics & Key Terms

Key Terms:

redemption_rightspost_sale_redemptiontrustees_salenon_judicial_foreclosure

Related Concepts

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