Section 92.810

Title VII CITIES, TOWNS AND VILLAGES

Chapter 92

Effective - 28 Aug 2022, 2 histories   

  *92.810.  Waiting period after final judgment — title abstract — notice of sale, provided when — failure to redeem, transfer, purpose, reimbursement. — 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, after giving the notices required by subsections 4 and 5 of this section, 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.  No later than one hundred twenty days prior to the sheriff's sale, the collector shall obtain a title abstract or report on any unredeemed parcels.  Such title abstract or report shall be obtained from a licensed title company or attorney and subject to a public and competitive bidding process administered by the collector and conducted triennially.  The title report shall include all conveyances, liens, and charges against the real estate, and the names and mailing addresses of any interested parties and lienholders.  The charges of said abstract or report shall be taxed as costs and shall be paid as other costs in the case.

  4.  No later than twenty days prior to the sheriff's sale, the collector shall send notice of the sale to the lienholders and interested parties, as disclosed upon the title abstract or report of the real estate for which tax bills thereon are delinquent.  The notice shall provide the date, time, and place of the sale.  The notice shall also state that the parcel may be redeemed prior to the sale as specified in section 92.750 or by entering into an agreement with the collector to pay the taxes included in the foreclosure suit under section 92.740.  The notice required by this subsection shall be mailed in an envelope with postage prepaid.  The cost of the mailing and notice as required by this subsection shall be included as costs in the case.

  5.  No later than forty days prior to the sheriff's sale, the collector shall send notice of the sale to the parties having interest in the parcel as disclosed upon the records of the assessor, or otherwise known to the collector, of the real estate for which tax bills thereon are delinquent.  The notice shall be sent to the addresses most likely to apprise the parties of the proceedings as provided.  The notice shall provide the date, time and place of the sale.  The notice shall also state that an interested party may avoid the sale by redeeming such parcel of real estate prior to the sale as specified in section 92.750 or, if applicable, by entering into an agreement with the collector to pay the taxes included in the foreclosure suit under section 92.740.  The notice required by this subsection shall be mailed in an envelope with postage prepaid.  The cost of mailing and notice as required by this subsection shall be included as costs in the case.

  6.  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 property; shall advise that it is the subject of delinquent land tax collection proceedings brought pursuant to sections 92.700 to 92.920 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 contain the serial number and the phone number and address of the collector, as well as a statement of the 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 weatherproofed to withstand normal exposure to rain, snow, and other conditions.  The sheriff shall document, by time-stamped photograph, compliance with this section, make said documentation generally available upon request, and provide verification by affidavit of compliance with this section.  The cost of notice as required by this subsection shall be included as costs in the case.

  7.  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 property; that shall advise that it is the subject of delinquent land tax collection proceedings brought pursuant to sections 92.700 to 92.920 and that it may be sold for the payment of delinquent taxes at a sale to be held ^** a certain time, date, and place; and that shall contain the serial number and phone number and address of the collector.  In-person notice may be provided to any person found at the property.  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 said documentation generally available upon request, and provide verification by affidavit of compliance with this section.  The cost of notice as required by this subsection shall be included as costs in the case.

  8.  Notwithstanding the provisions of this section to the contrary, any residential property which has not been redeemed by the end of the waiting period required by this section which has been determined to be of substandard quality or condition under the standards established by the residential renovation loan commission pursuant to sections 67.970 to 67.983 may, upon the request of the residential renovation loan commission, be transferred to the residential renovation loan commission for the purpose of renovation of the property.  Any such property transferred pursuant to this subsection shall be renovated and sold by the residential renovation loan commission in the manner prescribed in sections 67.970 to 67.983.  The residential renovation loan commission shall reimburse the land reutilization authority for all expenses directly incurred in relation to such property under sections 92.700 to 92.920 prior to the transfer.

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(L. 1971 H.B. 472 § 21, A.L. 1989 H.B. 342, A.L. 1993 S.B. 376, A.L. 2022 H.B. 1606 merged with H.B. 1662)

*Revisor's Note:  This section was amended by both H.B. 1606 and H.B. 1662, 2022.  In 2023, H.B. 1606 was declared unconstitutional (see annotation below).  The H.B. 1606 differences in language have been removed.  The H.B. 1662 language remains in effect.

**Word "at" appears here in original rolls of H.B. 1606, 2022.

(2023) The inclusion of Section 67.2300 in H.B. 1606 from 2022 declared unconstitutional as violating the single subject rule of Article III, § 23 of the Missouri Constitution.  The remaining provisions of H.B. 1606 could not be severed and the bill is declared invalid in its entirety.  Byrd, et al. v. State of Missouri, et al., Case No. SC100045 (Mo.banc, Dec. 19, 2023).