Section 141.580

Title X TAXATION AND REVENUE

Chapter 141

Effective - 28 Aug 2024, 2 histories   

  141.580.  Confirmation or disapproval of sale by court — proceeds applied, how. — 1.  Within six months after the sheriff sells any parcel of real estate, the court shall, upon its own motion or upon motion of any interested party, set the cause down for hearing to confirm or set aside the foreclosure sale thereof, even though such parcels are not all of the parcels of real estate described in the notice of sheriff's foreclosure sale.  Notice of the hearing, or of the court moving to confirm the foreclosure sale, shall be sent by any interested party to each person who was sent notice of the sale and to any interested parties as required by prevailing notions of due process.  At the time of such hearing, the sheriff shall make report of the sale, and the court shall hear evidence of the value of the property offered on behalf of any interested party to the suit, and shall forthwith determine whether an adequate consideration has been paid for each such parcel.  The court's judgment shall include a specific finding that adequate notice was provided to all interested parties under prevailing notions of due process and sections 141.210 to 141.810 and sections 141.980 to 141.1015, reciting the notice efforts of the collector, sheriff, and tax sale purchaser.  Nothing in this section shall be interpreted to preclude a successful tax sale purchaser from asserting a claim to quiet title to the bid-upon parcel under section 527.150.

  2.  For this purpose the court shall have power to summon any city or county official or any private person to testify as to the reasonable value of the property, and if the court finds that adequate consideration has been paid, the court shall confirm the sale and order the sheriff to issue a deed to the purchaser.  If the court finds that the consideration paid is inadequate, the court shall confirm the sale if the purchaser increases the purchaser's bid to such amount as the court deems to be adequate and makes such additional payment, or if all tax bills included in the judgment, interest, penalties, attorney's fees and costs then due thereon are not paid in full by one or more interested parties to the suit.  If the court finds that the consideration is inadequate, but the purchaser declines to increase the purchaser's bid to such amount as the court deems adequate and make such additional payment, then the sale shall be disapproved if all tax bills included in the judgment, interest, penalties, attorney's fees and costs then due thereon are paid in full by one or more interested parties to the suit, the lien of the judgment continued, and such parcel of real estate shall be again advertised and offered for sale by the sheriff to the highest bidder at public auction for cash at any subsequent sheriff's foreclosure sale.  Unless the court requires evidence of the value of the property conveyed to land trust or a land bank agency, none shall be required, and the amount bid by the land trust or such land bank agency shall be deemed adequate consideration.

  3.  If the sale is confirmed, the court shall order the proceeds of the sale applied in the following order:

  (1)  To the payment of the costs of the publication of the notice of foreclosure and of the sheriff's foreclosure sale;

  (2)  To the payment of all of the collector's and sheriff's costs including appraiser's fee and attorney's fees;

  (3)  To the payment of all tax bills adjudged to be due in the order of their priority, including principal, interest and penalties thereon, except in the event of a sale to any land bank agency, for which this subdivision shall not apply.

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If, after such payment, there is any sum remaining of the proceeds of the sheriff's foreclosure sale, the court shall thereupon try and determine the other issues in the suit in accordance with section 141.480.  If any answering parties have specially appealed as provided in section 141.570, the court shall retain the custody of such funds pending disposition of such appeal, and upon disposition of such appeal shall make such distribution.  If there are not sufficient proceeds of the sale to pay all claims in any class described, the court shall order the same to be paid pro rata in accordance with the priorities.

  4.  If there are any funds remaining of the proceeds after the sheriff's sale and after the distribution of such funds as herein set out and no person entitled to any such funds, whether or not a party to the suit, shall, within two years after such sale, appear and claim the funds, the funds shall be distributed to the appropriate taxing authorities, except in partial opt-in counties, where the funds shall be distributed to the school fund for the county.

  5.  Any county operating under the provisions of sections 141.210 to 141.810 and sections 141.980 to 141.1015 may elect to allocate a portion of its share of the proceeds toward a fund for the purpose of defending against claims challenging the sufficiency of notice provisions under this section.

  6.  Any interested party, other than the sheriff's sale purchaser, who moves the court to set aside a sheriff's sale after the issuance of a sheriff's deed made under the provisions of sections 141.210 to 141.810 and sections 141.980 to 141.1015 shall be required to pay into the court the redemption amount otherwise necessary under sections 141.420 and 141.530 prior to the court hearing any such motion to set aside.

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(L. 1943 p. 1029 § 28, A.L. 1949 p. 602, A.L. 1967 p. 224, A.L. 1982 H.B. 1351, et al., A.L. 2012 H.B. 1659 & 1116, A.L. 2024 H.B. 2062)