A foreclosure of Missouri property occurs in one of two ways. First, if no power of sale is included in the loan agreement for the property then the lender must go to state court to seek a foreclosure. If that happens then the filing of the lawsuit is considered public notice of the upcoming foreclosure.
However, when the loan papers contain a power of sale clause then the lender can proceed without filing a lawsuit. If the power of sale clause describes the type of public notice required prior to a foreclosure sale then the terms of the agreement must be followed. If the power of sale clause does not specify specific public notice terms then the lender must publish the Notice of Sale in the local newspaper weekly for four consecutive weeks. Missouri law requires that the Notice of Sale for a specific property be published on the same day each week.
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