17.6 Death of Owner

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

B. (§17.6) Death of Owner

Section 443.300, RSMo 2016, provides that no sale under a deed of trust shall take place within six months after the death of a person owning real estate encumbered by the deed of trust. This statute refers to the owner of the real estate, not to the original mortgagor. Therefore, arguably, if the original mortgagor has conveyed the land to another person, the death of the original mortgagor should not impede foreclosure of the deed of trust. But counsel will want to make an independent determination as to the applicability of the...