443.325. Individual notice of foreclosure sale--form of request for--recorder's duty--foreclosing part to give notice--release of security instrument, effect of--notice deemed given, when. - Missouri Statutes

Individual notice of foreclosure sale--form of request for--recorder'sduty--foreclosing part to give notice--release of security instrument,effect of--notice deemed given, when.

443.325. 1. Any person desiring notice of sale under any deed of trustor mortgage with power of sale upon real property may, at any time subsequentto recordation of such deed of trust or mortgage, cause to be filed for recordin the office of the recorder of each county in which any part or parcel ofthe real property is situated a duly acknowledged request for such notice ofsale. This request shall specify the name and address of the person to whomthe notice is to be mailed and shall identify the deed of trust or mortgage bystating the names of the parties thereto and the legal description of the landdescribed therein and the book and page where the same is recorded or therecorder's number and shall be in substantially the following form:

"In accordance with RSMo, 443.325, request is hereby made that notice ofsale under the deed of trust (or mortgage) recorded the .... day of ....,20.., (as recorder's number .... or in Book ...., Page ....) of the recordsof .... County, Missouri, the legal description of the property being .... inCounty, Missouri, executed by .... as Grantor (or Mortgagor) in which .... isnamed as beneficiary (or Mortgagee) and .... as Trustee, be mailed to ....(Name) at ...., (Address) ...., (City) (State).

..................

(Signature)

..................

(Acknowledgment)" A separate request shall be filed for each person desiring notice of sale.

2. Upon the filing for record of such request, the recorder shall indexthe request in a separate index so that the name of the mortgagor or grantorshall be indexed as the grantor, and the name of the requesting party shall beindexed as the grantee.

3. In the event of foreclosure under a power of sale, the foreclosingmortgagee or trustee shall, not less than twenty days prior to the scheduleddate of the sale, cause to be deposited in the United States mail an envelopecertified or registered, and with postage prepaid, enclosing a noticecontaining the information required in the published notice of sale referredto in section 443.320, addressed

(1) To each person whose name and address is set forth in any suchrequest recorded at least forty days prior to the scheduled date of sale; and

(2) To the person shown by the records in the office of the recorder ofdeeds to be the owner of the property as of forty days prior to the scheduleddate of foreclosure sale at the foreclosing mortgagee's last known address forsaid record owner; and

(3) To the mortgagor or grantor named in the deed of trust or mortgageat the foreclosing mortgagee's last known address for said mortgagor orgrantor.

(4) Actual receipt by the addressee of the envelope referred to aboveshall not be necessary to establish compliance with the notice requirements ofsubsection 3 hereof. Recording of receipt issued by the United States PostOffice for certified or registered mail to evidence that said envelope hasbeen delivered by the sender to the United States Post Office shall constituteproof of compliance with notice requirements of subsection 3 hereof.

4. The foreclosing mortgagee* or trustee of a deed of trust or mortgagefiled subsequent to a deed of trust or mortgage for which a request has beenrecorded in accordance with subsection 1 hereof shall give notice to eachperson named in each such request so long as the prior deed of trust ormortgage identified in such notice has not been released of record.

5. The release of a deed of trust or mortgage shall cancel of record allrequests for notice which pertain to the deed of trust or mortgage identifiedin such request.

(L. 1973 H.B. 164, A.L. 1975 H.B. 226)

Effective 7-14-75

*Word "mortgages" appears in original rolls.