Keeping possession of real property without a right, such as after a lease has expired or after the real property has be sold by the possessor, may entitle the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.
Missouri Complaint or Petition by Purchaser Against Possessor of Real Property After Judicial Foreclosure Sale - Repossession
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How to fill out Complaint Or Petition By Purchaser Against Possessor Of Real Property After Judicial Foreclosure Sale - Repossession?
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408.555. Acceleration, repossession and cancellation restricted ? required procedures ? borrower's right to cure.
Unlawful detainer is also used when a property owner refuses to vacate following a foreclosure sale of their property. However, just as with a month-to month tenant, proper notice under Missouri eviction law must be given to the former owner before filing for unlawful detainer.
Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 516.350. 516.350. Judgments presumed to be paid, when ? presumption, how rebutted ? inclusion in the automated child support system ? judgment for unpaid rent, revived by publication.
Pursuant to RSMo 92.840 [revisor.mo.gov], the successful bidder must file with the appropriate Court a motion to confirm the sale of the property, and must have an appraiser at the confirmation hearing to testify to the reasonable value of the property.
A sheriff's sale auctions off defaulted or repossessed properties at the end of the foreclosure process. At the auction, members of the public may bid on the seized property, often sold in as-is condition. Sale proceeds pay back the mortgage lenders, banks, tax collectors, and other claimants.
