Section 141.520

Title X TAXATION AND REVENUE

Chapter 141

Effective - 28 Aug 2024, 2 histories   

  141.520.  Waiting period before advertisement of sheriff's sale, exception if vacant residential property and redemption is barred — immediate sale when judgment becomes final — partial opt-in counties, procedure. — 1.  After the judgment of foreclosure has been entered, or, after a motion for a new trial has been overruled, or, if an appeal be taken from such judgment and the judgment has been affirmed, after the sheriff shall have been notified by any party to the suit that such judgment has been affirmed on appeal and that the mandate of the appellate court is on file with the circuit clerk, there shall be a waiting period of six months before any advertisement of sheriff's sale shall be published.

  2.  If any such parcel of real estate be not redeemed, or if no written contract providing for redemption be made within six months after the date of the judgment of foreclosure, if no motion for rehearing be filed, and, if filed, within six months after such motion may have been overruled, or, if an appeal be taken from such judgment and the judgment be affirmed, within six months after the sheriff shall have been notified by any party to the suit that such judgment has been affirmed on appeal and that the mandate of the appellate court is on file with the circuit clerk, the sheriff shall commence to advertise the real estate described in the judgment and shall fix the date of sale within thirty days after the date of the first publication of the notice of sheriff's sale as herein provided, and shall at such sale proceed to sell the real estate.

  3.  Any provisions of this chapter to the contrary notwithstanding, the owner of any parcel of real property against which a judgment has been rendered shall not have the right to redeem such property from said judgment if at the time of judgment such property is assessed as residential property and the judgment finds the property has been vacant for a period of not less than six months prior to the judgment.  After a judgment as provided for in this section becomes final, the waiting period shall not apply to such judgment and a sale under execution of the judgment shall be immediately held as provided under the applicable provisions of this chapter.

  4.  In partial opt-in counties, no later than one hundred twenty days prior to the sheriff's sale, the collector shall obtain from a licensed title company or attorney a title search that includes all conveyances, liens, and charges against the real estate involved in the suit for any parcel of real estate against which the collector has obtained a judgment under section 141.500 and for which it has been decreed that the lien upon the parcel of real estate described in the tax bill be foreclosed and such real estate sold by the sheriff.  The charge of such title search may be recovered from the proceeds of the sale under section 141.580.

  5.  After obtaining or conducting a title search, the collector shall initiate a search of the following records to identify and locate interested parties and addresses reasonably calculated to apprise interested parties of the suit:

  (1)  Land title records in the office of the county recorder of deeds;

  (2)  Tax records in the office of the local treasurer;

  (3)  Tax records in the office of the local assessor;

  (4)  A search of court records in Missouri CaseNet; and

  (5)  For a business entity, records filed with the secretary of state.

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The collector may also incur reasonable costs for web-based investigatory searches to supplement the search for interested parties and addresses.  The reasonable cost of locating interested parties and addresses for notice may be recovered from the proceeds of the sale under section 141.580.

  6.  No later than thirty days prior to the sheriff's sale, the collector shall send notice of the sale to all interested parties at the address most likely to apprise interested parties of the sale.  The notice shall provide the date, time, and place of the sale and shall also state that the parcel may be redeemed prior to the sale as specified in sections 141.420 and 141.530.  The notice required by this subsection shall be mailed first class, postage prepaid.  The cost of notice under this subsection may be recovered from the proceeds of the sale under section 141.580.

  7.  No later than twenty days prior to the sheriff's sale, the sheriff shall enter upon the parcel subject to foreclosure of these tax liens and post a written informational notice in a conspicuous location, attached to a structure, and intended to be visible by the nearest public right-of-way.  This notice shall describe the parcel and advise that it is the subject of delinquent land tax collection proceedings brought under sections 141.210 to 141.810 and sections 141.980 to 141.1015 and that it may be sold for the payment of delinquent taxes at a sale to be held at a certain time, date, and place and shall also contain the tax identification number and the phone number and address of the collector as well as a prohibition against removal unless the parcel has been redeemed.  The notice shall be not less than eight inches by ten inches and shall be laminated or otherwise sufficiently weatherproof to withstand normal exposure to rain, snow, and other conditions.  The sheriff shall document, by time-stamped photograph, compliance with this section, make such documentation generally available upon request, and provide verification by affidavit of compliance with this section.  The cost of notice under this subsection may be recovered from the proceeds of the sale under section 141.580.

  8.  In addition to the other notice requirements of this section, no later than twenty days prior to the sheriff's sale, the sheriff shall attempt in-person notice that shall describe the parcel and advise that it is the subject of delinquent land tax collection proceedings brought under sections 141.210 to 141.810 and sections 141.980 to 141.1015; that shall state that it may be sold for the payment of delinquent taxes at a sale to be held at a certain time, date, and place; and that shall also contain the tax identification number and the phone number and address of the collector.  In-person notice may be provided to any person found at the parcel.  The sheriff shall note the date and time of attempted notice and the name, description, or other identifying information regarding the person to whom notice was attempted.  The sheriff shall document compliance with this section, make such documentation generally available upon request, and provide verification by affidavit of compliance with this section.  The cost of notice under this subsection may be recovered from the proceeds of the sale under section 141.580.

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(L. 1943 p. 1029 § 25, A.L. 1992 H.B. 1434 & 1490, A.L. 2024 H.B. 2062)

(1975) Advertising sheriff's sale three days early held to be a jurisdictional irregularity and to invalidate sale. Wates v. Carnes (Mo.), 521 S.W.2d 389.