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Brent Blanchard
Brent Blanchard, Lawyer
Category: Real Estate Law
Satisfied Customers: 1905
Experience:  Thirteen years of experience in real estate matters, HOA disputes and drafting HOA documents
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What is the process of a Judicial Foreclosure in Missouri.

Resolved Question:

What is the process of a Judicial Foreclosure in Missouri. I checked the St. Louis County Clerk of Courts and see my primary mortgage lender (first lien holder) filed a suit against me and I assume it is to foreclose on the property. What other court documents should I expect throughout this process?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Brent Blanchard replied 1 year ago.
Thank you for your question. Sorry to hear that it appears that the property is in jeopardy.

Chapter 443 of the Missouri Revised Statutes covers both judicial and non-judicial foreclosures, if you want to look up the laws yourself: http://www.moga.mo.gov/statutes/C443.HTM.

Details of how a civil suit proceeds are more useful from the Circuit Court Rules: http://www.mocourts.mo.gov/page.jsp?id=676

NORMALLY, we expect:

120 days from filing to "serve" the summons and complaint. If a defendant is dodging service OR the process server is lousy, substitute service by publication in the local newspaper is possible.

20 days from service of summons and complaint to file an Answer and start the legal fight. If not, default gets entered, followed by default judgment. Once there is a judgment, then a Sheriff's sale can be ordered and the property sold. Then the new owner starts unlawful detainer eviction proceedings if the place is still occupied.

IF an Answer is filed, then it's the usual litigation/lawsuit process. "Discovery" can open up and the parties can send written requests for documents and answers to written questions and requests to admit certain legal facts regarding the case. Documents are Interrogatories (written questions), Requests for Admission (thing like "admit that you have defaulted on repaying xyz loan"), and Requests for Production of Documents ("Please produce all documents supporting your Answer to Paragraph XX of the Complaint.", as one example.).

This page has a PowerPoint style presentation that covers both sorts of foreclosures: http://www.mobar.org/uploadedFiles/Home/Member_Services/Solo_and_Small_Firm/The%20Missouri%20Foreclosure%20Process%20-%20for%20Lenders%27%20and%20Borrowers%27%20Attorneys%203%20page.pdf

There may be an early case conference report involved, and paper notices of everything happening in the case.

We also expect in foreclosure lawsuits to see a motion for summary judgment based on undisputed facts of money was borrowed, money was not repaid, the dollars owed are so much $$$, and there's no need to waste the judge's time with a full trial proving all of these essential elements to the debt claim. Lenders often win these.

If not, or no motion for summary judgment, discovery closes and the case goes to trial and a decision is forced on everyone. Then the judgment execution process begins and the land gets sold.

Thank you.
Brent Blanchard, Lawyer
Category: Real Estate Law
Satisfied Customers: 1905
Experience: Thirteen years of experience in real estate matters, HOA disputes and drafting HOA documents
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