B Death of Owner
| Library | Foreclosures Guidebook (2017 Ed.) |
B. 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 on which the deed of trust is outstanding. It should be noted that this statute refers to the owner of the real estate, not to the original mortgagor. Therefore, it is this author’s view that, 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.
Further, it is the author’s view that the...
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