Missouri’s Requests For Notice of Sale (foreclosures)

In general, the holder of a previously recorded Deed of Trust is not required to give notice to anyone else who has a Deed of Trust against the same real estate unless a form of Request for Notice of Sale has been filed by another creditor for record with the County Recorder of Deeds at least 45 days earlier

Therefore, if you have a deed of trust or lien or a judgment obtained after the date of a deed of trust or judgment already on record before yours, you are called a “subordinate lien creditor. If you do not record the proper Request For Notice of Sale, it is possible for the holder of a prior Deed of Trust or judgment to foreclose upon the property without giving you notice. This would mean you would lose the ability to protect your interest at or prior to the foreclosure sale.

Payment of your lien is still not made unless the price at sale is more than enough to cover the liens ahead of you, but you may find it worth your money to buy the property at that foreclosure yourself, or buy out the first lien holder at a discount before the sale.

Request for Notice of Sale under Deed of Trust: You must record this form,
and use 3″ top margin on document for recording purposes]

Grantor: [you and your address]
Grantee: [the current owner]
Lien Holder: [the holder of the prior deed of trust – there may be more than one]
Address of Property: ____________________________________

REQUEST FOR NOTICE OF SALE:

In accordance with RSMo. 443.325, request is hereby made that Notice be given of any sale under the Deed of Trust
recorded the _ day of _______, 200___, in Book _______ Page __________ of the records of the Recorder of Deeds of
__________County, Missouri, the legal description of the property being:

which Deed of Trust is recorded in _ County, Missouri, executed by _____________, as Grantors, in which ______ is named as beneficiary and ______, as Trustee, be mailed to :

[name and address of the requesting party}

______________________________________________

(Signature) [followed by acknowledgment, in form required in a deed]

Use of this Web Site and review of this Article does not create an attorney- client relationship. The law and its application by the courts is constantly evolving and changing. As with all memoranda in these archives, the discussion of the law is for general informational purposes, is in general summary form, is not to be taken as a definitive guide, and should not be relied upon to determine all fact situations. Each set of facts must be examined separately with the current case and statutory law analyzed and applied accordingly.