Missouri at a glance
Checked against the sources cited, 2026-09-19
| Topic | What the law says, and where it says it |
|---|---|
| How foreclosure works here | Missouri law allows a deed of trust to be foreclosed either by a lawsuit in circuit court or, at the lender's option, by a trustee's sale under a power of sale without a court case. Mo. Rev. Stat. §443.410 Show the source textDeeds of trust in the nature of mortgages of lands may, in addition to being forecloseable by suit, be also foreclosed by trustee's sale at the option of the holder of the debt or obligation thereby secured |
| Tax sale excess proceeds | Missouri counties sell tax-delinquent land at a collector's sale and issue a certificate of purchase; the owner generally has one year to redeem before a collector's deed can issue. If the sale brings more than the taxes and costs, the surplus is paid into the county treasury and goes first to recorded lienholders, then to the former owner, on a written claim proved to the county commission. Surplus not claimed within three years goes to the county school fund. Mo. Rev. Stat. §140.230; §140.340 Show the source textAt the end of three years, if any funds have not been distributed or called for as part of a redemption or collector's deed issuance, then such funds shall become a permanent school fund of the county. |
| Redemption after the sale | After a trustee's sale, the former owner can redeem within one year, but only if the property was bought in by the lender (or someone buying for the lender) and the owner gave written notice of the intent to redeem at the sale or within the ten days before it. Section 443.420 also requires a court-approved bond within twenty days after the sale. Mo. Rev. Stat. §443.410; §443.420 Show the source textshall be subject to redemption by the grantor in such mortgage deed of trust or his heirs, devisees, executors, administrators, grantees or assigns at any time within one year from the date of the sale |
| Rules for recovery companies | For property that has been reported or delivered to the Missouri State Treasurer as unclaimed property, an agreement to pay someone to recover it is unenforceable if signed within 12 months after delivery to the Treasurer. After that the fee cannot be more than 10 percent (12 to 24 months), 15 percent (24 to 36 months) or 20 percent (after 36 months), and the person must register with the Treasurer before filing a claim. The agreement must be in writing, disclose the nature and value of the property, and be signed and acknowledged by the owner. Mo. Rev. Stat. §447.581 Show the source textmade more than thirty-six months after the date of payment or delivery to the treasurer shall be invalid if the compensation for recovery is greater than twenty percent of the property at issue |
How surplus funds arise in Missouri
When a home in Missouri is sold at a foreclosure sale or a tax sale for more than the debt and the costs of the sale, the money left over is surplus funds, also called excess proceeds or overage. It does not belong to the lender or to the buyer. Liens recorded behind the foreclosed debt are paid first, and what remains belongs to the former owner or to the owner's heirs. Read surplus funds explained for the general rules and liens and competing claims for the order of payment.
How a claim moves in Missouri
We confirm the sale figures in the public record, identify which office in Missouri is holding the money, and prepare and file the claim the way that office requires, advancing the costs. Because we bring the whole record with us, the claim does not stall on a missing document, a competing name or a missed date. See how to qualify for what we handle and what you provide. Notices about surplus are usually mailed to the last address on record, which is often the home that was sold, so do not wait for a letter. In Missouri that program is the Missouri State Treasurer's Office, Unclaimed Property.
If the owner has died
The right to the money belongs to the estate. Depending on the size of the estate, Missouri law may allow a simplified procedure, or a probate court may need to appoint a personal representative. See estate and heir recovery and probate assistance.
Working with a recovery company in Missouri
Missouri regulates this kind of service. For property that has been reported or delivered to the Missouri State Treasurer as unclaimed property, an agreement to pay someone to recover it is unenforceable if signed within 12 months after delivery to the Treasurer. After that the fee cannot be more than 10 percent (12 to 24 months), 15 percent (24 to 36 months) or 20 percent (after 36 months), and the person must register with the Treasurer before filing a claim. The agreement must be in writing, disclose the nature and value of the property, and be signed and acknowledged by the owner. (Mo. Rev. Stat. §447.581)
Any agreement you sign, with us or with anyone else, has to follow that rule.
No out-of-pocket expense. Our only payment is a completion fee taken from the surplus once it is recovered. Where your state requires a licensed attorney for a court or probate filing, a licensed attorney handles it, and you still pay nothing out of pocket. Before you sign with anyone, read what a surplus funds scam looks like.
Questions about surplus funds in Missouri
Enough to prove who you are and how you held the property: identification, the deeds, any notice you received, and, if the owner has died, the estate paperwork. We do the rest for Missouri, from locating the funds to filing the claim.
It depends on the kind of sale. After a court-supervised sale the court usually holds the money; after a trustee's or tax sale the trustee or the county usually does. Tell us the county and the sale date and a specialist will check.
No out-of-pocket expense. We advance the costs and are paid a completion fee from the surplus only after it is recovered. Where a court or probate filing requires a licensed attorney, a licensed attorney handles it.