Section 92.817

Title VII CITIES, TOWNS AND VILLAGES

Chapter 92

Effective - 28 Aug 2022   

  *92.817.  Foreclosure sale stayed, when — procedure. — 1.  The court shall stay the sale of any parcel to be sold under execution of a tax foreclosure judgment obtained under this chapter, which is the subject of an action filed under sections 447.620 to 447.640, provided that the party that has brought such an action has, upon an order of the court, paid into the circuit court the principal amount of all land taxes then due and owing under the tax foreclosure judgment, exclusive of penalties and interest, prior to the date of any proposed sale under execution.

  2.  Upon the granting by the court of temporary possession of any property under section 447.632, upon order, the circuit court shall direct payment to the collector of all principal land taxes theretofore paid to the circuit court.  In addition, in any order granting a final judgment or deed under section 447.625 or 447.640, the court shall also order the permanent extinguishment of penalties and interest arising from actions to collect delinquent land taxes due on the parcel against the grantee of said deed, and all successors in interest; excepting however, any defendant in such action.

  3.  If an owner of the parcel moves the court for restoration of possession under section 447.638, the owner shall pay into the circuit court all land tax amounts currently due and owing on the property, including all statutory penalties, interest, attorney's fees, and court costs retroactive to the date of accrual.  Upon an order granting the restoration of possession to an owner under section 447.638, the court shall order that the funds paid to the court under subsection 2 of this section be returned to the payer, and that the funds paid to the court under this subsection be paid out to the collector.

  4.  If the party that brought the action under sections 447.620 to 447.640 dismisses its action prior to gaining temporary possession of the property, it shall recover any amounts paid into the circuit court prior to that date for principal land taxes.

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(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).