My Account Deeds.com Real Estate Deeds

Missouri Trustee Deed Under Sale (Foreclosure)

A trustee's deed under sale, also known as a trustee's deed and bill of sale under foreclosure, is a document used to convey real property to the highest bidder at a trustee's sale. A trustee's sale is part of the non-judicial foreclosure process, initiated when a borrower defaults on the terms of the security instrument (deed of trust), and the lender instructs the trustee to commence with foreclosing.

Under a deed of trust, a grantor (borrower) conveys title to a trustee as security for the repayment of a loan to the beneficiary (lender). The trustee is generally an agent of the lender. The power of sale clause contained within the deed of trust allows the trustee may sell property by public or private sale upon the default on conditions set forth by the security instrument.

The process for the non-judicial foreclosure under a deed of trust is codified at Chapter 443 of the Missouri Revised Statutes. The trustee is required to fulfill certain obligations prior to the trustee's sale, including the publication and mailing of a notice of sale, and any requirements at the municipal level.

Typically, the trustee's deed is executed by a successor trustee, and not the original trustee under the deed of trust. The appointment of successor trustee is recorded by the lender's agent at the time of appointment.

A trustee's deed under foreclosure contains the granting language of "bargain and sell, convey and confirm." In Missouri, this implies seller's intent to transfer property to a grantee with special warranty, protecting the grantee against title defects arising only in the duration of the grantor's ownership. A special warranty deed is most appropriate for cases such as foreclosure by a trustee, "where the grantor has limited knowledge or information regarding the property". Note, however, that according to a 1977 ruling mentioned in the annotation of 442.420, RSMo, the granting language "bargain, sell, and convey" does not carry a covenant of fee simple title.

Apart from meeting first-page requirements under 59.310, RSMo and all standards for form and content for Missouri deeds, the deed must contain a reference to the deed of trust being foreclosed, including the grantor's name (borrower). In addition to the recitations pursuant to 443.320, 443.325(3), RSMo, the deed recites the outcome of the trustee's sale, including the purchase price and name of purchaser. The trustee must sign the deed in the presence of a notary public. In the City of St. Louis, the grantee's notarized signature is also required.

For releases of Missouri deeds of trust recorded prior to January 1, 1986, the original principal note (promissory note secured by the deed of trust) is required to accompany the trustee's deed under foreclosure ( 443.390, RSMo).

Contact an attorney with any questions regarding trustee's deeds after sale or deeds of trust in general.

Deeds.com Missouri Trustee Deed Under Sale (Foreclosure) Forms Have Been Updated as Recently as Thursday September 23, 2021

4.8 out of 5 (3025 Reviews)

What others like you are saying:


Roy T. said: Thank you for an easy to use system. I was able to find all the information I needed.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Lillian F. said: I LOVE THE EASE OF GETTING THE INFORMATION I REQUESTED. YOUR SERVICE IS MORE THAN WHAT I EXPECTED.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Scott S. said: Awesome service. I'm impressed.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Lacee G. said: Great real estate deed forms.

Reply from Staff: Thank you!


Lori G. said: I needed to add my husband to my deed. an attorney would charge me $275.00. I decided to file myself. This makes it easy. Not done w/the process yet. But so far so good! :)

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Cherie J K. said: needed to prepare a corrective deed and found this great website to print the corrective deed and instructions and example of corrective deed

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Select County or Independent City where the property is located.

Missouri Trustee Deed Under Sale (Foreclosure) Form