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Missouri foreclosures are usually non-judicial. Because no judicial action is required for
foreclosure, the eviction process is a separate action which requires the filing of a lawsuit
for possession of the property. Millsap & Singer, LLC routinely handles eviction related
matters for mortgage lenders after foreclosure.
After filing a Petition for Unlawful Detainer, a first court date is normally assigned by the
court within thirty days. During that thirty-day period, the county sheriff attempts to obtain
service on the defendants named in the petition. Assuming all of the defendants are served by
the time of the first court date, a judgment can be taken at that hearing. Assuming service is
not obtained, the Order of Publication instructs the sheriff to post a copy of the petition at the
property address to put all defendants on notice of the pending court action. A judgment can then
be taken on the following court date.
After a final judgment is entered by the court, a writ of execution is filed which allows for
a forcible move-out to take place. From the filing of the writ of execution, it takes approximately
two to four weeks for the writ to be issued, the move-out to be scheduled and completed by the sheriff.
Optimally the entire eviction process, including a forcible move-out by the Sheriff, takes 57
to 71 days to complete.
Whenever there is any personal property remaining in the property after a foreclosure sale, Millsap
& Singer, LLC recommends that an eviction be filed and that the personal property is removed
pursuant to a Writ of Execution. This holds true even if the property appears to be abandoned.
In order to initiate an eviction we require your written authorization to proceed. We also should
have a copy of the Trustee’s deed evidencing that a foreclosure has taken place and information as
to the former owner and occupants of the property.
The attorneys at Millsap & Singer, LLC are available to address your questions with regard to
Missouri evictions generally, and on specific matters. Please do not hesitate to contact us.
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