☰ Revisor of Missouri

Title VII CITIES, TOWNS AND VILLAGES

Chapter 92

< > Effective - 28 Aug 2022, 2 histories bottom

  *92.815.  Redemption contracts, installment payments. — 1.  During such waiting period and at any time prior to the time of foreclosure sale by the sheriff, any interested party may redeem any parcel of real estate as provided by sections 92.700 to 92.920; except that during such time and at any time prior to the time of foreclosure sale by the sheriff, the collector shall enter into a written redemption contract with the owner of any real estate occupied as a homestead and who has not previously defaulted upon any such written redemption contract, provided that in no instance shall such installments exceed twelve in number or extend more than twenty-four months next after any agreement for such installment payments shall have been entered into; provided further, that upon good cause being shown by the owner of any parcel of real estate occupied as a homestead, or in the case of improved real estate with a total assessed valuation of not more than five thousand dollars, owned by an individual, the income from such property being a major factor in the total income of such individual, or by anyone on his behalf, the court may, in its discretion, fix the time and terms of payment in such contract to permit all of such installments to be paid within not longer than forty-eight months after any order or agreement as to installment payments shall have been made.  The collector shall not enter into a redemption contract with respect to any improved parcel not occupied as a homestead.

  2.  So long as such installments be paid according to the terms of the contract, the six months' waiting period shall be extended, but if any installment be not paid when due, the extension of the waiting period shall be ended and the real estate shall immediately be advertised for sale or included in the next notice of sheriff's foreclosure sale.  Notice shall also be sent to the redemption contract payer as specified in subsection 4 of section 92.810.

  3.  On an annual basis, the collector shall make publicly available the number of parcels under redemption contract under this section.

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(L. 1971 H.B. 472 § 20, A.L. 1989 H.B. 342, A.L. 2022 H.B. 1606 merged with H.B. 1662)

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

(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).


---- end of effective  28 Aug 2022 ----

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92.815 8/28/2022
92.815 8/28/1989 8/28/2022

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