B “Automatic” Appointment of Substitute Trustee

LibraryForeclosures Guidebook (2017 Ed.)

B. “Automatic” Appointment of Substitute Trustee

Some forms of deeds of trust in common use in Missouri contain a specific provision to the effect that, if the original trustee is unable or refuses to act when foreclosure is needed, the person then serving as sheriff of the county where the land is located shall become substitute trustee. In this situation, it has been held that the sheriff is acting in a personal, not an official, capacity. Dunham v. Hartman, 55 S.W. 233 (Mo. 1900). The distinction is...

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