The newspaper that publishes your foreclosure notice only needs to be a year old now
The newspaper that publishes your foreclosure notice only needs to be a year old now
2026-09-12 · Missouri · Legislation
What happened. Missouri cut the qualifying period for a newspaper to carry legal notices from three years to one, effective 28 August 2026 — and expressly added “all legal publications affecting the title to real estate” to the scope of the statute that sets those requirements.1
The bill is House Bill 1940 (2026), official designation SCS HB 1940, sponsored by Representative Peggy McGaugh. The Governor signed it on 13 July 2026. It repeals and re-enacts sections 108.240, 115.125, 115.127, 493.050 and 493.070, RSMo.
The statute, with the changes marked
“493.050. All public advertisements and orders of publication required by law to be made and all legal publications affecting the title to real estate shall be published in some daily, triweekly, semiweekly, or weekly newspaper of general circulation in the county where located, and [which] such a newspaper shall have:
(1) Been admitted to the post office as periodicals class matter in the city of publication;
(2) Been either: (a) Published regularly and consecutively for a period of [three years] one year, except that a newspaper of general circulation may be deemed to be the successor to a defunct newspaper of general circulation, and subject to all of the rights and privileges of said prior newspaper under this statute, if the successor newspaper shall begin publication no later than [thirty] ninety consecutive days after the termination of publication of the prior newspaper; or (b) Purchased or newly established by a newspaper that satisfies the requirements of paragraph (a) of this subdivision; and
(3) A list of bona fide subscribers voluntarily engaged as such, who have paid or agreed to pay a stated price for a subscription for a definite period of time…
If a public notice required by law to be published once a week for a given number of weeks is to be published in a daily, triweekly, semiweekly, or weekly newspaper, the notice shall appear once a week, on the same day of each week. Every affidavit to proof of publication shall state that the newspaper in which such notice was published has complied with the provisions of this section.”
Why this reaches an association
Section 493.050 is the gatekeeper for “all legal publications affecting the title to real estate” — which includes the published notice of a trustee's sale, and any assessment-lien foreclosure or judicial-sale publication an association's counsel runs.
Three practical changes follow. A qualifying newspaper now needs only one year of regular consecutive publication rather than three. A successor to a defunct paper gets 90 days rather than 30 to start up and inherit the prior paper's status. And a paper purchased or newly established by an already-qualifying paper also qualifies.
The effect, in two directions
Fewer failed publications. In rural and consolidating Missouri counties, the practical problem has been that the only surviving newspaper was too new to qualify. That obstacle is largely gone.
And a narrower title-defect argument. The flip side is that there is now less ground to attack a completed sale on the theory that the publishing paper did not qualify. That argument has been a real one in Missouri title practice, and it just got smaller.
The one sentence to put in the lien file
The affidavit requirement is unchanged and it is express: “Every affidavit to proof of publication shall state that the newspaper in which such notice was published has complied with the provisions of this section.”
That affidavit is the association's evidence that the publication was good. Keep it with the lien file, not with the invoice. A board that forecloses an assessment lien, sells the lot, and cannot later produce proof that the notice was properly published has a title problem it will hear about at the next transfer — and so will the buyer.
What a board and manager can do
- Ask counsel which paper is being used, and confirm it qualifies under the new test. The relaxation helps, but the requirements did not disappear: periodicals-class admission in the city of publication, one year of regular consecutive publication (or successor or affiliate status), general circulation in the county, and a list of bona fide paying subscribers. All four still apply.
- Get the affidavit and file it. Every time. It is one page and it is the whole proof.
- Do not treat the relaxation as a reason to be casual about the rest of the notice. Publication is one requirement among several in a Missouri foreclosure, and the others — the content of the notice, the mailed notices, the timing, the trustee's conduct of the sale — are untouched by this act.
- Know which remedy you are using. This matters more than usual right now. An assessment lien foreclosure under the declaration and a money judgment enforced by execution are different remedies with different machinery, and Missouri changed the second one substantially this year: from 1 January 2027 the homestead exempt from attachment and execution rises from $15,000 to $40,000, with CPI indexing from 2029. Publication requirements govern the first route; the homestead exemption governs the second.
The change most likely to be misreported
The same bill made changes to public election notices, and they are not association changes. Per the act, notices of public elections may now be sent by email; both notices must be published within six weeks before the election; and candidate filing for political subdivisions moves from the seventeenth and fourteenth Tuesday to the sixteenth and thirteenth Tuesday before the election.
None of that touches an association election. An HOA or condominium board election in Missouri is governed by the declaration and by Chapter 355, the nonprofit corporation law — and no section of Chapter 355 carries a 2025, 2026 or 2027 effective date. Nothing about association notice, quorum, proxies or balloting changed by statute in either session.
If a vendor newsletter has told a board that Missouri now permits electronic notice of elections, that is about public elections held by political subdivisions. Whether an association may give notice by email is a question about its own declaration and bylaws read against Chapter 355.
Where this sits in a year of quiet foreclosure-adjacent changes
None of the 2026 Missouri enactments touching association collections arrived as association legislation. They arrived as general-law changes that happen to land on association operations, and they run in different directions:
- This act makes a published foreclosure notice easier to place validly, and narrows one title-defect attack.
- Senate Bill 973 deleted the two-year delinquency wait before a partial opt-in county's collector may route a parcel into the judicial land-tax process — a sale that can extinguish a junior assessment lien.
- The Uniform Mortgage Modification Act, in force since 28 August 2026, lets a first mortgagee modify its loan and keep recorded priority without recording anything, while expressly excluding association assessment liens from the same protection. The recorded loan amount is no longer a reliable ceiling on the senior encumbrance.
- House Bill 1870 raises the homestead exemption threefold from 1 January 2027 and narrows bank garnishment from 2028, with one improvement for creditors: an unlimited-window debtor examination.
A board that reads only the association-specific news will have seen none of these, because there was no association-specific news — Missouri enacted no homeowners-association governance statute in either session, and Chapters 448, 355 and 429 were not touched at all.
What to watch next
Nothing is pending on this provision. The practical follow-on is local rather than legislative: which newspapers in your county now qualify that did not before, and whether counsel's standing choice of publication venue should change. That is a question for the association's lawyer and the county's legal-notice market, and it is worth asking once rather than assuming the answer is the same paper as always.
Related Missouri HOA Topics
- SCS HB 1940 (2026), truly agreed and finally passed text — § 493.050, RSMo and related sections ↩
- Official House summary of SCS HB 1940 (2026) ↩
- Missouri Senate, Governor's Action on Truly Agreed Bills, 2026 Regular Session ↩
- Mo. Rev. Stat. ch. 355 — Missouri nonprofit corporation law, unamended since 2020 ↩
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