E Statutory Notice in Addition to Publication

• Library: Foreclosures Guidebook (2017 Ed.)

E. Statutory Notice in Addition to Publication

Section 443.325, RSMo 2016, requires that notice of the sale be given to:

1. the original grantors in the deed of trust;

2. the persons shown by the recorder’s office records to be the owners of the property as of 40 days before the date of the foreclosure sale;

3. any person who has recorded a request for notice of sale under the deed of trust at least 40 days before the date of the foreclosure sale; and

4. any person who has recorded a request for notice of sale under a deed of trust that was recorded before the deed of trust now being foreclosed, if that prior deed of trust is not released of record.

Section 443.325.3, .4.

In the first two categories, the mortgagee is to send the notice to the person’s last known address. Although § 443.325 only requires mailing the notice to the mortgagee’s last known address for the mortgagor—which implies that the notice needs to be mailed to only one address for each person entitled to the notice—it would be prudent to mail the notice to every address at which the person may reasonably be expected to receive mail. For example, one of the reasons for setting...