17.1 Introduction

• Library: Real Estate Practice Deskbook (2019 Ed.)

I. (§17.1) Introduction

This chapter discusses foreclosure under liens encumbering real estate. The actual drafting of the instrument granting the lien (typically a deed of trust or sometimes a mortgage) is discussed in Chapter 5 of this deskbook. In Missouri, a "deed of trust" is employed almost exclusively as the device to grant a lien against real estate. This chapter is concerned largely with the procedures to be followed for a nonjudicial foreclosure of a deed of trust. Brief attention is also given to the foreclosure of deeds of trust or mortgages through judicial procedures.

In Chapter 443, RSMo, which is the source of most of the statutory authority relating to deeds of...