All Dade County specific forms and documents listed below are included in your immediate download package:
The Following Missouri and Dade County supplemental forms are included as a courtesy with your order.
Certificate of Acknowledgment - Individual (Missouri Document)
Jurat (Missouri Document)
Including:
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.
The documents you receive here will meet, or exceed, the Dade County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Get your Dade 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.
August 18th, 2022
Name: Bernice L.
Review: Finally able to print out the forms after a few tries. Honestly, I think it could have been designed a little better. I am almost 80; however, very computer savvy, but finally managed to get what I needed.
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August 18th, 2022
Name: John M.
Review: I ordered my gift deed forms one evening, filled them out the next day, and registered them with the register of deeds the next morning. Boom. Done! Easy peasy, no lawyer expense!
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August 18th, 2022
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August 18th, 2022
Name: Sarah C.
Review: Great, but I'd like to see the actual filings/documents in my account, PDF, not only the blank forms. Thank you.
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August 18th, 2022
Name: Jo Ann M.
Review: Easy from the download to just fill out and print. Good instructions to follow. A cover letter form would be a extra plus
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August 18th, 2022
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August 15th, 2022
Name: Gerald S.
Review: The paperwork for our transfer on death deed was easy to fill out and the county has excepted it for recording Very satisfied.
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