Citizens Bank of Edina v. West Quincy Auto Auction, Inc.

BILLINGS, Chief Justice.

This case was transferred to this Court by the Missouri Court of Appeals, Eastern District, for reexamination of the rule of law that declares void a foreclosure sale under a deed of trust where the named trustee was not present and the sale was conducted by a third person. The Court concludes the rule of law initially declared in 1872 has long been recognized as settled by the Bench and Bar of this State; and, the principles and reasons supporting the rule remain sound. The judgment of the trial court is reversed.

The facts are brief and not in dispute. West Quincy…