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 March 11, 2021

4.8 out of 5 (2573 Reviews)

What others like you are saying:


DAVID JOHN M. said: The Transfer On Death Deed did work for New Mexico! Though I did have to add the long property description to the "Exhibit" page that was included with the document. Great website! Will use again! Thanks!!!

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


Jack S. said: Excellent and timely responses. Do you offer an annual rate? Thank you.

Reply from Staff: Thanks again Jack. Unfortunately we do not offer any annual rates or subscriptions, sorry.


Theresa B. said: Will review after I attempt to complete. I like your site. Im very nervous to try this Hope not outdated information. Will let you know if filing goes okay.

Reply from Staff: Thank you!


carrie m. said: I was excited because I really wanted to see and get a copy of the Deed to my property. The personal/Staff responsible for setting up that plan did an excellent/outstanding job. Thanks so much and keep up the great work. Carrie

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


Gisela A. said: Great selection of documents. Properly formatted form also included great instructions and the example was very helpful. Filed it myself - no problem!

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


Keri C. said: It was confusing at first, but the customer service was excellent and fast and I got everything taken care of right away. I'll use Deeds.com even after the recorder's office is open to the public.

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


Select County or Independent City where the property is located.

Missouri Trustee Deed Under Sale (Foreclosure) Form