The foreclosure process in Missouri depends on the terms of the mortgage agreement. If the mortgage agreement contains a power of sale clause then the lender can foreclose the property without going to court. The lender must provide the notice and conduct the sale according to the terms set forth in the mortgage agreement or if the mortgage agreement is silent as to the terms, then the terms set forth in state law.
Some Missouri mortgages do not contain power of sale clauses. In order to foreclose on these properties, the lender must sue the borrower and get a court order to foreclose the property.
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