Legal Articles

Wrongful Foreclosure, Deed Set Aside: Real Estate

Missouri foreclosures typically occur outside of Court because property is conveyed through a deed of trust, rather than a mortgage. Although “mortgage” and “deed of trust” are often used interchangeably, there is a distinction. Specifically, under a deed of trust, a trustee holds legal title to the property while the borrowers hold equitable title to…

Statutory & Equitable Redemption for Deeds of Trust, Foreclosures

Redemption refers to the ability of a mortgagor to stop a foreclosure after a default. Missouri almost uniformly uses a deed of trust arrangement to handle real estate financing. Under this arrangement, a trustee holds legal title title to the property while equitable title remains with the borrower/mortgagor — i.e., the person(s) generally living on…

Foreclosure

Given the housing market crisis, foreclosures nationwide are on the rise. In Missouri — because the dominant debt instrument used to purchase a home are Deeds of Trust — foreclosure of a deed of trust can commence only in the event of default in the performance required by the terms of the deed of trust….

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