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Castle Law Office

Q
How Long Does a Foreclosure Take?

A

There isn’t a set time frame for completion of the foreclosure process. The laws vary by state.

In Missouri, the foreclosure process depends on the terms of the mortgage. If it includes a power-of-sale clause — which gives the lender permission to resell the property in the event of a loan default — the lender can foreclose the property in a non-judicial foreclosure.

A non-judicial foreclosure means the trustee would represent the lender and oversee the sale of the property, which usually occurs at auction.

If the power of sale clause isn’t in the mortgage agreement, the lender has to sue the borrower and get a court order to foreclose the property. It would then be sold at a public sale. This is known as a judicial foreclosure.

A typical foreclosure in Missouri takes about 30 days, but if the borrower files for bankruptcy the foreclosure process will take longer or be halted altogether.

In Kansas, the foreclosure process starts when the lender initiates a judicial foreclosure. It can take 45-60 days, or longer if the borrower files for bankruptcy, contests the action, or tries to delay proceedings. Once the sale is complete, the sheriff issues the deed of foreclosure to the borrower.

Our office can help you save your home from foreclosure. Castle Law Office has been handling bankruptcies for Kansas City clients from more than 14 years. If you need the fresh start bankruptcy can provide, call us today at 816-842-6200 to speak with an attorney. Or click here to email us and schedule your free consultation.

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