Missouri Trustee Deed Under Sale (Foreclosure)
County or Independent City Specific Legal Forms Validated as recently as April 14, 2026 by our Forms Development Team
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About the Missouri Trustee Deed Under Sale (Foreclosure)
How to Use This Form
- Select your county or independent city from the list on the left
- Download the county or independent city-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county or independent city recorder's office
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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.
(Missouri TD under Sale Package includes form, guidelines, and completed example)
How to Use This Form
- Select your county or independent city from the list above
- Download the county or independent city-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county or independent city recorder's office
What Others Like You Are Saying
"Have not actually filed as yet but package seems to answer all my questions and believe this will be…"
"This site was perfect in a time when travel is almost impossible. They asked a few questions to make…"
"For starters, enrolling was as easy as could be. Then, it only took minutes before my entry was form…"
"Very easy to find forms and good examples for filling out forms!"
"I am new to needing this type of service, and the Deeds.Com team has been fantastic. Responsive, pro…"
Common Uses for Trustee Deed Under Sale (Foreclosure)
- Provide proof of trust existence without disclosing trust terms
- Transfer property from a deceased person's estate
- Facilitate the sale of trust-held real estate
- Distribute inherited property among multiple heirs
- Distribute real estate to beneficiaries of an estate
- Notify third parties of a trust's interest in real property
Compare other Missouri deed forms and documents
Important: County or Independent City-Specific Forms
Our trustee deed under sale (foreclosure) forms are specifically formatted for each county or independent city in Missouri.
After selecting your county or independent city, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.