Missouri Forms

Benton County Trustee Deed Under Sale (Foreclosure) Form

Benton County Trustee Deed Under Sale Form

Benton County Trustee Deed Under Sale Form

Fill in the blank form formatted to comply with all recording and content requirements.

Document Last Validated 8/5/2025
Benton County Trustee Deed Guide

Benton County Trustee Deed Guide

Line by line guide explaining every blank on the form.

Document Last Validated 7/16/2025
Benton County Completed Example of the Trustee Deed Document

Benton County Completed Example of the Trustee Deed Document

Example of a properly completed form for reference.

Document Last Validated 6/18/2025

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Benton County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Benton County Recorder of Deeds
Address:
316 Van Buren Rd / PO Box 1147
Warsaw, Missouri 65355

Hours: 8:30 to 4:30 M-F

Phone: (660) 438-5732

Recording Tips for Benton County:
  • Documents must be on 8.5 x 11 inch white paper
  • Avoid the last business day of the month when possible
  • Ask about their eRecording option for future transactions
  • Make copies of your documents before recording - keep originals safe
  • Multi-page documents may require additional fees per page

Cities and Jurisdictions in Benton County

Properties in any of these areas use Benton County forms:

  • Cole Camp
  • Edwards
  • Ionia
  • Lincoln
  • Warsaw

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Benton County

How do I get my forms?

Forms are available for immediate download after payment. The Benton County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Benton County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Benton County including margin requirements, content requirements, font and font size requirements.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Benton County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Benton County?

Recording fees in Benton County vary. Contact the recorder's office at (660) 438-5732 for current fees.

Questions answered? Let's get started!

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)

Important: Your property must be located in Benton County to use these forms. Documents should be recorded at the office below.

This Trustee Deed Under Sale (Foreclosure) meets all recording requirements specific to Benton County.

Our Promise

The documents you receive here will meet, or exceed, the Benton County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Benton County Trustee Deed Under Sale (Foreclosure) form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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March 29th, 2019

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January 10th, 2019

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