LAW OFFICES OF
LEONARD KOMEN, P.C.
Area coverage: Missouri Counties of:
St. Louis County, St. Louis, Jefferson, St. Charles
SECOND MORTGAGE AND JUNIOR LIEN PROTECTION
Missouri 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 recorded at least 45 days earlier,
Therefore, if you have a second lien or a judgment lien and the Request For Notice of Sale is not recorded, it is possible for the holder of a prior Deed of Trust 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. Even if you get notice, you must be prepared to pay off the liens or deeds of trust ahead of you; otherwise your “subordinate” deed of trust can become worthless.
Missouri Section 443.325 requires this specific form to be recorded:
In accordance with RSMo. 443.325, request is hereby made that Notice be given of any sale under the Deed of Trust recorded ___________, in Book ______ Page ____ of the records of the Recorder of Deeds of ______County, Missouri, the legal description of the property being:
in _____ County, Missouri, executed by _____________________, as Grantors, in which __________________ is named as beneficiary and __________________, as Trustee, be mailed to :
[YOU, AND YOUR ADDRESS]
[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.