F Mailing Notice of Sale to Other Interested Parties

• Library: Foreclosures Guidebook (2017 Ed.)

F. Mailing Notice of Sale to Other Interested Parties

In addition to those persons to whom notice is required to be sent by § 443.325, RSMo 2016, it is wise to consider other categories of persons to whom notice should be sent. This would include the mortgagee in any deed of trust that is junior to the one being foreclosed who has asked for notice or judgment creditors of the owner of the land described in the deed of trust. To the extent that the due process requirements of the Fourteenth Amendment are found to apply to a nonjudicial foreclosure in Missouri, those parties may be found to be entitled to notice. In Mennonite Board of Missions v. Adams, 462 U.S. 791 (1983), the U.S. Supreme Court was faced with the question of who was entitled to notice of a sale of land because of delinquent property taxes. The Court ruled that “[n]otice by mail or other means as certain to ensure actual notice is a minimum constitutional precondition to a proceeding which will adversely affect the liberty or property interests of any party.” Id. at 800. See also Schlereth v. Hardy, 280 S.W.3d 47, 53 (Mo...