443.320. Notice, contents--how published.
Notice, contents--how published.
443.320. The notice required by section 443.310 shall setforth the date and book and page of the record of such mortgagesor deeds of trust, the grantors, the time, terms and place ofsale, and a description of the property to be sold, and shall begiven by advertisement, inserted for at least twenty times, andcontinued to the day of the sale, in some daily newspaper, incounties having cities of fifty thousand inhabitants or more, andin all other counties such notice shall be given by advertisementin some weekly newspaper published in such county for foursuccessive issues, the last insertion to be not more than oneweek prior to the day of sale, or in some daily, triweekly orsemiweekly paper published in such county at least once a weekfor four successive weeks. Such notice shall appear on the sameday of each week, the last insertion to be not more than one weekprior to the day of sale, and if there be no newspaper publishedin such county or city, such notice shall be published in thenearest newspaper thereto in this state. Nothing in this sectionshall be construed to authorize the giving of any shorter noticethan that required by such mortgage or deed of trust. Where theproperty to be sold lies wholly or in part within the corporatelimits of any city having or that may hereafter have a populationof fifty thousand inhabitants or more, then the notice providedfor in this section shall be published in a daily newspaper insuch city and where the property to be sold lies wholly or inpart within the corporate limits of a city extending into two ormore counties, then the notice provided for in this section shallbe published in some newspaper published in the county in whichthe property lies, in the manner provided in this section forpublication in such county, even though such property may lie ina city having a population of fifty thousand inhabitants or more.Where the property to be sold is located in more than one county,the notices required in this section shall be published in eachcounty in which a part of the property is located. Otherprovisions of this section to the contrary notwithstanding, inany county of the first class not having a charter form ofgovernment and containing a portion of a city with a populationover three hundred fifty thousand and in any county of the secondclass containing a portion of a city with a population over threehundred fifty thousand, the notice requirements of section443.310 and this section may be met by advertisement in someweekly newspaper published in such counties for four successiveissues, the last insertion to be not more than one week prior tothe date of the sale.
(RSMo 1939 § 3464, A.L. 1943 p. 402, A. 1949 S.B. 1125, A.L. 1951 p. 748, A.L. 1989 H.B. 49)Prior revisions: 1929 § 3077; 1919 § 2236; 1909 § 2843
CROSS REFERENCE:
Notice, how published in city of St. Louis, RSMo 493.100 to 493.120
(1962) Where deed of trust provided for thirty days' notice before a foreclosure sale could be had, the giving of less than thirty days' notice was an irregularity for which the sale would be set aside. Kennon v. Camp (Mo.), 353 S.W.2d 693.
(1975) This section held constitutional as against claim that it constitutes state action and thereby violates the due process clause of the fourteenth amendment to the Constitution of the United States. Federal National Mortgage Association v. Howlett (Mo.), 521 S.W.2d 428.
(1977) Purchaser at foreclosure sale not entitled to cancellation and refund when he later discovered he had purchased only a life estate. Words "bargain, sell and convey" do not import a covenant of fee simple title. Use of words "heirs" does not create a warranty of fee simple title. Michie v. National Bank of Caruthersville (A.), 558 S.W.2d 270.