B Contents of Notice of Sale

• Library: Foreclosures Guidebook (2017 Ed.)

B. Contents of Notice of Sale

The notice of sale must contain:

· the date and book and page of the record of the deed of trust being foreclosed;

· the name of each grantor in the deed of trust;

· the time, terms, and place of sale; and

· a description of the property to be sold.

Section 443.320, RSMo 2016.

The first requirement seems to indicate that it is the date of recording of the deed of trust, not the date of the instrument itself, that is required. Although the holding may be dicta, the Supreme Court of Missouri has construed the provision to refer to the date of the instrument. Morgan v. Joy, 26 S.W. 670 (Mo. 1894). But it is certainly appropriate to include both the date of the instrument and the date of its recording in the notice of sale.

Even if the property is now owned by...