17.22 In General

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

A. (§17.22) In General

The trustee should personally conduct the sale unless the deed of trust authorizes the trustee to appoint a deputy or delegate this responsibility to another—and even with such an authorizing provision, the trustee is wise to actually be present at and oversee the sale, as the duty to attend and oversee the sale may be non-delegable. Condict v. Flower, 47 Mo. App. 514 (E.D. 1892); Gamble v. Gibson, 59 Mo 585 (1875). While there are no specific statutory requirements detailing the manner of conducting a foreclosure sale, it is the usual practice for the sale to be conducted by the trustee as follows:

• The trustee appears at the proper time and place and announces in a loud voice that the trustee will now conduct a sale in foreclosure of a deed of trust and that all interested persons are invited to participate.

• The trustee reads the notice of sale as published in the newspaper.

• The...