Section 12 Amount and Method of Sale

• Library: Damages 2012

“A deficiency suit is based upon the foreclosure sale price.” Lindell Trust Co. v. Lieberman, 825 S.W.2d 358, 360 (Mo. App. E.D. 1992). “As long as the sale stands, the sum for which
the property sold has been held conclusive for determining
the amount of the deficiency.” Id. Thus, it is not a defense
that the security was worth the balance of the debt when the
sale was a fair public auction conducted according to the deed of trust. Clarkson v. Mullin, 62 Mo. App. 622 (W.D. 1895). Indeed, absent a claim...