17.2 Requirement of Default

LibraryReal Estate Practice Deskbook (2019 Ed.)

A. (§17.2) Requirement of Default

A foreclosure of a deed of trust can commence only in the event of default in the performance required by the terms of the deed of trust (including the terms of the credit document(s) for which the deed of trust is security). Petring v. Kuhs, 171 S.W.2d 635 (Mo. 1943). Usually, this will take the form of the mortgagor failing to make one or more payments required by the terms of a promissory note or other agreement(s) evidencing monetary obligations secured by the deed of...

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