Section 141.550

Title X TAXATION AND REVENUE

Chapter 141

Effective - 28 Aug 2024, 4 histories   

  141.550.  Conduct of sale — interests conveyed — cost of publication. — 1.  The sale shall be conducted, the sheriff's return thereof made, and the sheriff's deed pursuant to the sale executed, all as provided in the case of sales of real estate taken under execution except as otherwise provided in sections 141.210 to 141.810 and sections 141.980 to 141.1015, and provided that such sale need not occur during the term of court or while the court is in session.

  2.  The following provisions shall apply to any sale pursuant to this section:

  (1)  The sale shall be held on the day for which it is advertised, between the hours of nine o'clock a.m. and five o'clock p.m. and continued day to day thereafter to satisfy the judgment as to each respective parcel of real estate sold.  For partial opt-in counties, the sale shall be held on the fourth Monday in August of each year between the hours of nine o'clock a.m. and five o'clock p.m. and continued day to day thereafter to satisfy the judgment as to each respective parcel of real estate sold;

  (2)  The sale shall be conducted publicly, by auction, for ready money.  The parcel shall be sold to the highest bidder, provided that the highest bid is equal to or greater than the full amount of all tax bills due and owing on the parcel, which may differ from the judgment amount; plus interest; penalties; attorney's fees and costs; and a nonreimbursable, two-hundred-dollar bidder fee.  Such bidder fee shall be paid to the land trust or land bank agency for the municipality or county in which the parcel is situated.  The bid amount shall not include any amounts for debts owed to any sewer district then due thereon;

  (3)  No person shall be eligible to bid at the time of the sale unless such person has, no later than ten days before the sale date, demonstrated to the satisfaction of the official charged by law with conducting the sale that he or she is not the owner of any parcel of real estate in the county which is affected by a tax bill which has been delinquent for more than six months.  A prospective bidder may make such a demonstration by presenting statements from the appropriate collection officials of the county.  The official charged with conducting the sale may require prospective bidders to submit an affidavit attesting to the requirements of this subdivision and is expressly authorized to permanently preclude any prospective bidder from participating in the sale for failure to comply with the provisions of this subdivision; and

  (4)  No foreign or domestic corporation or limited liability company that has failed to appoint or maintain a registered agent under chapter 347 or 351 shall be eligible to bid at the time of the sale.  No foreign corporate entity shall be eligible to bid at the time of the sale unless it has a certificate of authority to transact business in Missouri under section 351.572.  The official charged with conducting the sale may require prospective bidders to submit an affidavit attesting to the requirements of this subdivision and is expressly authorized to permanently preclude any prospective bidder from participating in the sale for failure to comply with the provisions of this subdivision.

  3.  The following provisions shall apply to any sale under this section of property located within any municipality contained wholly or partially within a county with a population of over six hundred thousand inhabitants and fewer than nine hundred thousand inhabitants:

  (1)  No person shall be eligible to bid at the time of the sale unless such person has, no later than ten days before the sale date, demonstrated to the satisfaction of the official charged by law with conducting the sale that the person is not the owner of any parcel of real property with two or more violations of the municipality's building or housing codes.  A prospective bidder may make such a demonstration by presenting statements from the appropriate code enforcement officials of the municipality; and

  (2)  Notwithstanding the provisions of subdivision (1) of this subsection, any taxing authority or land bank agency shall be eligible to bid at the sale without making the demonstration described in subdivision (1) of this subsection.

  4.  Such sale shall convey the whole interest of every person having or claiming any right, title or interest in or lien upon such real estate, whether such person has answered or not, subject to rights-of-way thereon of public utilities upon which tax has been otherwise paid, and subject to the lien thereon, if any, of the United States of America.

  5.  The collector shall advance the sums necessary to pay for the publication of all advertisements required by sections 141.210 to 141.810 and sections 141.980 to 141.1015 and shall be allowed credit therefor in the collector's accounts with the county.  The collector shall give credit in such accounts for all such advances recovered by the collector.  Such expenses of publication shall be apportioned pro rata among and taxed as costs against the respective parcels of real estate described in the judgment; provided, however, that none of the costs herein enumerated, including the costs of publication, shall constitute any lien upon the real estate after such sale.

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(L. 1943 p. 1029 § 26, A.L. 1945 p. 1761, A.L. 1998 H.B. 977 & 1608, S.B. 778, A.L. 2000 H.B. 1238 and A.L. 2000 S.B. 894, A.L. 2011 H.B. 315, A.L. 2012 H.B. 1659 & 1116, A.L. 2024 H.B. 2062)