443.440. Certificate of sale--upon failure to redeem, deed to be executed. - Missouri Statutes

Certificate of sale--upon failure to redeem, deed to be executed.

443.440. If the bond is given and approved the trustee atthe purchaser's request shall execute, acknowledge and deliver tohim a certificate of sale or purchase giving a reference to thedeed of trust, fact of sale and purchase. And if redemption isnot made within the year as so provided he shall thereuponexecute to the purchaser or his heirs or devisees good andsufficient deed of conveyance upon the presentation of suchcertificate or showing of reason for its nonproduction to thesatisfaction of the trustee. The rights, interests and estatesof any of the parties may be conveyed by deed as interests inland are conveyed and trustee's deed may be made to the originalpurchaser and shall inure to his grantees. If the certificate ofsale or any conveyance of the purchaser's interest is recordedthe purchaser and his grantee shall give a sufficient recordableacknowledgment of redemption if the same be made. Anyprematurely executed trustee's deed shall operate as acertificate of sale by the trustee, and if the trustee dies,becomes incapable or cannot be found the court may summarily andon ex parte application of the purchaser appoint a successor orcommissioner to execute a good and sufficient conveyance incompletion of the trustee's sale if redemption be not made withinthe year provided. Both the certificate of sale and purchase anddeed and the recitals therein shall each be prima facie evidenceof the recitals therein.

(RSMo 1939 § 3451)

Prior revisions: 1929 § 3064; 1919 § 2223