Shelby County Trustee Deed Under Sale (Foreclosure) Form (Missouri)

All Shelby County specific forms and documents listed below are included in your immediate download package:

Trustee Deed Under Sale Form

Shelby County Trustee Deed Under Sale Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Shelby County compliant document last validated/updated 5/7/2024

Trustee Deed Guide

Shelby County Trustee Deed Guide

Line by line guide explaining every blank on the form.
Included Shelby County compliant document last validated/updated 5/16/2024

Completed Example of the Trustee Deed Document

Shelby County Completed Example of the Trustee Deed Document

Example of a properly completed form for reference.
Included Shelby County compliant document last validated/updated 4/10/2024

The following Missouri and Shelby County supplemental forms are included as a courtesy with your order:

When using these Trustee Deed Under Sale (Foreclosure) forms, the subject real estate must be physically located in Shelby County. The executed documents should then be recorded in one of the following offices:

Shelby County Recorder of Deeds

100 East Main St / PO Box 188, Shelbyville , Missouri 63469

Hours: 8:00 to 12:00 & 1:00 to 4:00 Monday through Friday

Phone: (573) 633-2821

Local jurisdictions located in Shelby County include:

  • Bethel
  • Clarence
  • Emden
  • Hunnewell
  • Lentner
  • Leonard
  • Shelbina
  • Shelbyville

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Forms are NOT emailed to you. Immediately after you submit payment, the Shelby County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Shelby County using our eRecording service.
Are these forms guaranteed to be recordable in Shelby County?

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

Can the Trustee Deed Under Sale (Foreclosure) forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Shelby County that you need to transfer you would only need to order our forms once for all of your properties in Shelby County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Missouri or Shelby County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Shelby County Trustee Deed Under Sale (Foreclosure) forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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)

Our Promise

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

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Get your Shelby 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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