Section 141.400

Title X TAXATION AND REVENUE

Chapter 141

Effective - 28 Aug 1943   

  141.400.  Suit for foreclosure — action in rem — pleadings. — 1.  The foregoing proceeding or suit shall constitute an action in rem, and the pleadings therein shall consist of a petition and an answer or answers.

  2.  An answer may be filed by any person or taxing authority owning or claiming any right, title or interest in or to any tax bill constituting a tax lien on the real estate described in the petition, or by any person owning or claiming any right, title, or interest in or to, or lien upon, such real estate.  An answer shall include the nature and amount of the interest and any defense or objection to the foreclosure of the tax liens listed in the petition, and may include the allegations usually incorporated in pleadings entitled cross petitions, cross complaints, interpleas, or intervening petition.

  3.  All pleadings must be brief, clear and concise, and shall be liberally construed by the court.  Any such answer shall contain the caption and number of the case, and the serial number or numbers of the parcels of real estate concerned.  Such answer must be filed with the circuit clerk and a copy thereof served on the delinquent land tax attorney not later than sixty calendar days after the date of the first publication of the notice of foreclosure, and if such sixtieth day falls on a Sunday or legal holiday, then such answer may be filed on the day after such Sunday or legal holiday.

  4.  In the event of failure to answer within the time herein fixed, the petition shall be taken as confessed and a default judgment may be taken as to all tax bills affecting parcels of real estate as to which no answer has been filed.

­­--------

(L. 1943 p. 1029 § 14)