In short
Missouri lenders usually foreclose out of court under a deed of trust’s power of sale. RSMo § 443.310 requires at least 20 days’ notice of the sale, and the trustee must mail notice at least 20 days ahead (§ 443.325). Federal rules bar starting foreclosure until the loan is 120 days delinquent (CFPB). A one-year redemption right exists only in certain cases (§ 443.410).
Judicial or non-judicial?
Non-judicial (the usual route). Section 443.290 validates mortgages and security agreements with a power of sale and says sales under them “forever foreclose all right and equity of redemption of the property so sold.” Under a deed of trust, a trustee can sell the home at auction without a lawsuit if the notice rules are followed.
By lawsuit. Section 443.410 states that a deed of trust “may, in addition to being forecloseable by suit, be also foreclosed by trustee’s sale at the option of the holder of the debt.” So a lender may choose either route.
Timeline step by step
- Missed payments. The CFPB says “your servicer can’t start the foreclosure process until at least 120 days after you become delinquent on your loan,” with rare exceptions.
- Right to cure, if it applies. For some consumer credit transactions, including certain loans under chapter 408, a lender may not accelerate the debt or enforce its security until 20 days after a written notice of the right to cure (RSMo § 408.555). The right is limited: a lender is not bound by it after repeated defaults on the same loan (§ 408.555(3)). Section 408.551 limits these sections to personal, family or household credit of the kinds it lists, so whether your loan is covered is a question for a housing counselor or attorney. Your deed of trust may also add its own notice terms.
- Notice of sale. A sale under a deed of trust executed after August 28, 1989 must be held in the county where the land lies, on not less than 20 days’ notice (§ 443.310). The notice must state the date and recording of the deed of trust, the grantors, the time, terms and place of sale, and a description of the property (§ 443.320). It must run in a newspaper: in counties with a city of 50,000 or more, in a daily paper “for at least twenty times,” continued to the day of sale; elsewhere, in a weekly paper for four successive issues. The statute adds that it does not authorize shorter notice than the deed of trust requires.
- Mailed notice. At least 20 days before the sale, the foreclosing party must mail by certified or registered mail a notice to the record owner and to the borrower at the last known address, and to anyone who recorded a request for notice (§ 443.325(3)). Actual receipt is not required to prove compliance.
- The sale. A public auction at the place stated in the notice.
- Possession. After a foreclosure, an occupant who has received written notice and stays can face an unlawful detainer action (§ 534.030).
How long does it take?
| Stage | Minimum set by law | Source |
|---|---|---|
| Delinquency before foreclosure can start | 120 days | CFPB (federal servicing rules) |
| Right-to-cure notice, if the loan is covered | 20 days | RSMo § 408.555 |
| Notice of sale before auction | 20 days | RSMo § 443.310 |
| Mailed notice before auction | 20 days | RSMo § 443.325(3) |
| Redemption notice | At the sale, or within 10 days before it | RSMo § 443.410 |
| Security for redemption | Within 20 days after the sale | RSMo § 443.420 |
| Redemption period, in qualifying cases | 1 year from the sale | RSMo § 443.410 |
| Tenant notice to vacate after a sale | 10 business days | RSMo § 534.030 |
Example (an illustration, not a prediction): a homeowner misses the payment due March 1, 2026. The loan reaches 120 days delinquent around June 29, 2026. If notice of sale then begins to run on July 1, the earliest legal sale date is about 20 days later, in late July. That is a legal minimum of roughly five months. A loan modification review, bankruptcy or the deed of trust’s own terms can push the date back.
Right of redemption
Missouri’s redemption right is narrow and technical. Under § 443.410, real estate sold under a power of sale in a deed of trust and “brought in by the holder of such debt” (or by someone for the holder) is subject to redemption by the grantor, heirs and assigns within one year of the sale. To use it, the owner must give written notice at the sale or within ten days before it, and the owner must pay the debt, interest and costs within the year. Under § 443.420, the owner must also give court-approved security within 20 days after the sale. Missing that step forfeits the right.
If the property is sold to a third-party bidder, § 443.410 does not give this right in the text I read. Talk to an attorney before the sale date if you want to use it.
Deficiency judgments
If the home sells for less than the debt, the lender may seek the remainder. The foreclosure sections read for this article do not set a separate time limit or a fair-market-value credit for a deficiency claim. Ask a Missouri attorney how a deficiency could be pursued on your loan.
Help for homeowners in default
- HUD-approved housing counselors. HUD “funds free or very low-cost housing counseling nationwide.” Call (800) 569-4287, or the Homeowners Hope Hotline at (888) 995-HOPE.
- Apply early. The CFPB advises making sure your servicer receives your complete application “more than 37 days before your scheduled foreclosure sale.”
- Watch for rescue offers. HUD warns that a firm promising a quick fix may have you “signing over the title to your property and becoming a renter in your own home.” Missouri’s foreclosure consultant law (RSMo §§ 407.935 to 407.941) requires a written contract with a three-business-day right to cancel (§ 407.938) and bars charging any fee before the promised services are complete (§ 407.940).
Related: escrow accounts, property tax, and what a seller must disclose when selling before foreclosure.
Frequently asked questions
How much notice do I get before a Missouri foreclosure sale?
At least 20 days’ notice of sale (RSMo § 443.310), published in a newspaper, and a mailed notice at least 20 days before the sale (§ 443.325).
Does Missouri require a court case to foreclose?
Not for a deed of trust with a power of sale. The lender may choose a trustee’s sale or a lawsuit (§ 443.410).
Can I get my home back after the sale?
Possibly, but only in the cases covered by § 443.410: a sale where the lender or someone for it bought the property. You must give written notice and security on time and pay the debt within one year.
Will tenants have to leave right away?
No. A new owner must send an occupant who was a tenant a written notice, and the tenant has at least ten business days from the notice to vacate before any possession lawsuit can start (§ 534.030).
Where can I get free help?
Call a HUD-approved housing counselor at (800) 569-4287. Avoid anyone who asks for money up front.
Compare with the other states: Foreclosure by state.
More Missouri guides
- Closing costs in Missouri: what buyers and sellers pay
- Real estate transfer tax in Missouri: none, and why
- Property tax in Missouri: rates, assessment and tax credits
- What must a home seller disclose in Missouri?
- Do you need a real estate attorney to close in Missouri?
- Home prices in Missouri and St. Louis: median value and trend
- First-time home buyer programs in Missouri and St. Louis
- How to verify a real estate license in Missouri
Sources
- RSMo §§ 443.290, 443.310, 443.320, 443.325 (power of sale; notice of sale) (Missouri Revisor of Statutes) (consulted October 13, 2026)
- RSMo §§ 443.410 and 443.420 (trustee's sale; redemption) (Missouri Revisor of Statutes) (consulted October 13, 2026)
- RSMo §§ 408.551 and 408.555 (consumer credit; right to cure) (Missouri Revisor of Statutes) (consulted October 13, 2026)
- RSMo § 534.030 (unlawful detainer; foreclosure; tenants) (Missouri Revisor of Statutes) (consulted October 13, 2026)
- RSMo §§ 407.935 to 407.941 (foreclosure consultants) (Missouri Revisor of Statutes) (consulted October 13, 2026)
- What happens after I complete an application to determine my options to avoid foreclosure? (Consumer Financial Protection Bureau) (consulted October 13, 2026)
- Avoiding Foreclosure (U.S. Department of Housing and Urban Development) (consulted October 13, 2026)