Wednesday, September 8, 2010

Finding Foreclosure Help in Missouri

Finding Foreclosure Help in Missouri

Foreclosure prevention counseling services are provided free of charge by nonprofit housing counseling agencies working in partnership with the Federal Government. These agencies are funded, in part, by HUD and NeighborWorks® America. There is no need to pay a private company for these services.

Kansas City Regional Office

400 State Avenue
Room 200
Kansas City, KS 66101-2406

Phone: (913) 551-5644

Fax: (913) 551-5469

TTY: (913) 551-6972

Jurisdiction: State of Kansas and Western half of Missouri

Office Hours: 8:00 a.m. to 5:00 p.m.

Monday through Friday

St. Louis Field Office

1222 Spruce Street

Suite 3.203
St. Louis, MO 63103-2836

Phone: (314) 539-6583

Fax: (314) 539-6384

TTY: (314) 539-6331

Jurisdiction: Eastern half of Missouri

James Heard

Field Office Director

Office Hours: 8:00 a.m. to 5:00 p.m.
Monday through Friday

Missouri Foreclosure Laws Summary

Quick Facts:

Judicial foreclosure process is available.
Non-judicial foreclosure process is available.
The primary security instruments are mortgages and deeds of trust.
The timeline can vary by process, which typically takes 60 days.
The borrower has rights of redemption.
The lender may not sue for deficiency judgements.
Lenders in Missouri may use the judicial or non-judicial process to foreclose on mortgages in default.

Judicial Foreclosure

In this process, lawsuit have to be filed by the lender to obtain a court order to foreclose. Once the court approves of this, the property can be sold to the highest bidder at an auction.

Non-Judicial Foreclosure
When there is a power of sale clause present in a mortgage deal, the non-judicial foreclosure process is used. This clause gives the lender the authority to sell the property in the event of the borrower’s default. The foreclosure sale must be done by follwing the guideliens stated below.

Power of Sale Foreclosure Guidelines
If the power of sale clause does not state the specifics of the sale, it must be conducted as follows:

A notice of sale must be sent to the borrower at least 20 days prior to the sale.
This notice must also be published in the county newspaper where the property is located.
The trustee is responsible for conducting the auction and selling it to the highest bidder for cash.
The lender is also alowed to bid by subtracting the amount that he bid from the loan of the borrower.

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