17.9 Constitutional Considerations

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

IV. (§17.9) Constitutional Considerations

Although nonjudicial foreclosure under a deed of trust has been a feature of Missouri practice for many years, serious questions have been raised concerning the constitutionality of the practice , particularly relating to notice requirements and to an opportunity for judicial relief before a sale. The questions about notice requirements have, at least partially, been met by Chapter 443, RSMo, but there is still no practicable opportunity for the mortgagor to obtain...