Missouri 2022 Regular Session

Missouri Senate Bill SB1190 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	SECOND REGULAR SESSION
5	5	SENATE BILL NO. 1190
6	6	101ST GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR ROBERTS.
8	8	5771S.01I ADRIANE D. CROUSE, Secretary
9	9	AN ACT
10	10	To repeal sections 59.310, 92.720, 92.740, 92.750, 92.760, 92.765, 92.770, 92.775, 92.810,
11	11	92.815, 92.825, 92.835, 92.840, 92.852, 92.855, and 442.130, RSMo, and to enact in
12	12	lieu thereof seventeen new sections relating to property regulations in certain cities and
13	13	counties, with penalty provisions.
14	14
15	15	Be it enacted by the General Assembly of the State of Missouri, as follows:
16	16	Section A. Sections 59.310, 92.720, 92.740, 92.750, 1
17	17	92.760, 92.765, 92.770, 92.775, 92.810, 92.815, 92.825, 92.835, 2
18	18	92.840, 92.852, 92.855, and 442.130, RSMo, are repealed and 3
19	19	seventeen new sections enacted in lieu thereof, to be known as 4
20	20	sections 59.310, 92.720, 92.740, 92.750, 92.760, 92.765, 5
21	21	92.770, 92.775, 92.810, 92.815, 92.817, 92.825, 92.835, 92.840, 6
22	22	92.852, 92.855, and 442.130, to read as follows:7
23	23	59.310. 1. The county recorder of deeds may refuse 1
24	24	any document presented for recording that does not meet the 2
25	25	following requirements: 3
26	26	(1) The document shall consist of one or more 4
27	27	individual pages printed only on one side and not 5
28	28	permanently bound nor in a continuous form. The document 6
29	29	shall not have any attachment stapled or otherwise affixed 7
30	30	to any page except as necessary to comply with statutory 8
31	31	requirements, provided that a document may be stapled 9
32	32	together for presentation for recording; a label that is 10
33	33	firmly attached with a bar code or return address may b e 11
34	34	accepted for recording; 12 SB 1190 2
35	35	(2) The size of print or type shall not be smaller 13
36	36	than eight-point type and shall be in black or dark ink. 14
37	37	Should any document presented for recording contain type 15
38	38	smaller than eight-point type, such document shall be 16
39	39	accompanied by an exact typewritten copy not smaller than 17
40	40	eight-point type to be recorded contemporaneously as 18
41	41	additional pages of the document; 19
42	42	(3) The document must be of sufficient legibility to 20
43	43	produce a clear and legible reproduction thereof . Should 21
44	44	any document not be of sufficient legibility to produce a 22
45	45	clear and legible reproduction, such document shall be 23
46	46	accompanied by an exact typewritten copy not smaller than 24
47	47	eight-point type to be recorded contemporaneously as 25
48	48	additional pages of the document; 26
49	49	(4) The document shall be on white [paper] or light- 27
50	50	colored paper of not less than twenty -pound weight without 28
51	51	watermarks or other visible inclusions, except for plats and 29
52	52	surveys, which may be on materials such as Mylar or velum. 30
53	53	All text within the document shall be of sufficient color 31
54	54	and clarity to ensure that when the text is reproduced from 32
55	55	record, it shall be readable; 33
56	56	(5) All signatures on a document shall be in black or 34
57	57	dark ink, such that such signatures shall be of sufficient 35
58	58	color and clarity to ensure that when the text is reproduced 36
59	59	from record, it shall be readable, and shall have the 37
60	60	corresponding name typed, printed or stamped underneath said 38
61	61	signature. The typing or printing of any name or the 39
62	62	applying of an embossed or inked stamp shall not cover or 40
63	63	otherwise materially interfere with any part of the document 41
64	64	except where provided for by law; 42
65	65	(6) The documents shall have a top margin of at least 43
66	66	three inches of vertical space from left to right, to be 44 SB 1190 3
67	67	reserved for the recorder of deeds' certification and use. 45
68	68	All other margins on the document shall be a minimum of 46
69	69	three-fourths of one inch on all sides. Nonessential 47
70	70	information such as form numbers, page numbers or customer 48
71	71	notations may be placed in the margin. A document may be 49
72	72	recorded if a minor portion of a seal or incidental writing 50
73	73	extends beyond the margins. The recorder of deeds will not 51
74	74	incur any liability for not showing any seal or information 52
75	75	that extends beyond the margins of the permanent archival 53
76	76	record. 54
77	77	2. Every document containing any of the items listed 55
78	78	in this subsection that is presented for recording, except 56
79	79	plats and surveys, shall have such information on the first 57
80	80	page below the three -inch horizontal margin: 58
81	81	(1) The title of the document; 59
82	82	(2) The date of the document; 60
83	83	(3) All grantors' names and marital status; 61
84	84	(4) All grantees' names; 62
85	85	(5) Any statutory addresses; 63
86	86	(6) The legal description of the property; and 64
87	87	(7) Reference book and pages for statutory 65
88	88	requirements, if applicable. 66
89	89	If there is not sufficient room on the first page for all of 67
90	90	the information required by this subsection, the page 68
91	91	reference within the document where the information is set 69
92	92	out shall be stated on the first page. 70
93	93	3. From January 1, 2002, documents which do not meet 71
94	94	the requirements set forth in this section may be recorded 72
95	95	for an additional fee of twenty -five dollars, which shall be 73
96	96	deposited in the recorders' fund e stablished pursuant to 74
97	97	subsection 1 of section 59.319. 75 SB 1190 4
98	98	4. Documents which are exempt from format requirements 76
99	99	and which the recorder of deeds may record include the 77
100	100	following: 78
101	101	(1) Documents which were signed prior to January 1, 79
102	102	2002; 80
103	103	(2) Military separation papers; 81
104	104	(3) Documents executed outside the United States; 82
105	105	(4) Certified copies of documents, including birth and 83
106	106	death certificates; 84
107	107	(5) Any document where one of the original parties is 85
108	108	deceased or otherwise inc apacitated; and 86
109	109	(6) Judgments or other documents formatted to meet 87
110	110	court requirements. 88
111	111	5. Any document rejected by a recorder of deeds shall 89
112	112	be returned to the preparer or presenter accompanied by an 90
113	113	explanation of the reason it could not be recorded. 91
114	114	6. Recorders of deeds shall be allowed fees for their 92
115	115	services as follows: 93
116	116	(1) For recording every deed or instrument: five 94
117	117	dollars for the first page and three dollars for each page 95
118	118	thereafter except for plats and surveys; 96
119	119	(2) For copying or reproducing any recorded 97
120	120	instrument, except surveys and plats: a fee not to exceed 98
121	121	two dollars for the first page and one dollar for each page 99
122	122	thereafter; 100
123	123	(3) For every certificate and seal, except when 101
124	124	recording an instrumen t: one dollar; 102
125	125	(4) For recording a plat or survey of a subdivision, 103
126	126	outlets or condominiums: twenty-five dollars for each sheet 104
127	127	of drawings or calculations based on a size not to exceed 105
128	128	twenty-four inches in width by eighteen inches in height. 106
129	129	For recording a survey of one or more tracts: five dollars 107 SB 1190 5
130	130	for each sheet of drawings or calculations based on a size 108
131	131	not to exceed twenty -four inches in width by eighteen inches 109
132	132	in height. Any plat or survey larger than eighteen inches 110
133	133	by twenty-four inches shall be counted as an additional 111
134	134	sheet for each additional eighteen inches by twenty -four 112
135	135	inches, or fraction thereof, plus five dollars per page of 113
136	136	other material; 114
137	137	(5) For copying a plat or survey of one or more 115
138	138	tracts: a fee not to exc eed five dollars for each sheet of 116
139	139	drawings and calculations not larger than twenty -four inches 117
140	140	in width and eighteen inches in height and one dollar for 118
141	141	each page of other material; 119
142	142	(6) For a document which releases or assigns more than 120
143	143	one item: five dollars for each item beyond one released or 121
144	144	assigned in addition to any other charges which may apply; 122
145	145	(7) For every certified copy of a marriage license or 123
146	146	application for a marriage license: two dollars; 124
147	147	(8) For duplicate copies of the records in a medium 125
148	148	other than paper, the recorder of deeds shall set a 126
149	149	reasonable fee not to exceed the costs associated with 127
150	150	document search and duplication; and 128
151	151	(9) For all other use of equipment, personnel services 129
152	152	and office facilities, the recorder of deeds may set a 130
153	153	reasonable fee. 131
154	154	92.720. 1. If any of the lands or town lots contained 1
155	155	in the back tax book or list of delinquent lands or lots 2
156	156	remain unredeemed on the first day of January, the collector 3
157	157	may file suit in the circuit court against such lands or 4
158	158	lots to enforce the lien of the state and city as herein 5
159	159	provided in sections 92.700 to 92.920. 6
160	160	2. The collector shall note opposite such tract in the 7
161	161	back tax book the fact that suit has been commenc ed. 8 SB 1190 6
162	162	3. The collector shall compile lists of all state, 9
163	163	city, school and other tax bills collectible by him which 10
164	164	are delinquent according to his records and he shall assign 11
165	165	a serial number to each parcel of real estate in each list 12
166	166	and if suit has been filed in the circuit court of the city 13
167	167	on any delinquent tax bill included in any list, the 14
168	168	collector shall give the court docket number of each suit. 15
169	169	4. The sheriff may appoint the collector and the 16
170	170	collector's deputies as deputy sheriffs, and when so 17
171	171	appointed they may serve all process in matters pertaining 18
172	172	to sections 92.700 to 92.920 with like effect as the sheriff 19
173	173	himself might do. 20
174	174	5. No action for recovery of taxes against real estate 21
175	175	shall be commenced, had or maintained, u nless action 22
176	176	therefor shall be commenced within five years after 23
177	177	delinquency. 24
178	178	6. For any improved parcel identified by a city 25
179	179	operating under sections 92.700 to 92.920 as being vacant, 26
180	180	the collector shall, within no more than two years after 27
181	181	delinquency, file suit in the circuit court against such 28
182	182	lands or lots to enforce the lien of the state and the city 29
183	183	as provided in sections 92.700 to 92.920. Failure of the 30
184	184	collector to bring suit within the time frame prescribed 31
185	185	herein shall not consti tute a defense or bar an action for 32
186	186	the collection of taxes as otherwise provided by this 33
187	187	section. 34
188	188	92.740. 1. A suit for the foreclosure of the tax 1
189	189	liens herein provided for shall be instituted by filing in 2
190	190	the appropriate office o f the circuit clerk and with the 3
191	191	land reutilization authority a petition, which petition 4
192	192	shall contain a caption, a copy of the list prepared by the 5 SB 1190 7
193	193	collector, and a prayer. Such petition without further 6
194	194	allegation shall be deemed to be sufficient. 7
195	195	2. The caption shall be in the following form: 8
196	196	3. The petition shall conclude with a prayer that all 18
197	197	tax liens upon such real estate be foreclosed; that the 19
198	198	court determine the amounts and priorities of all tax bills, 20
199	199	together with interest, penalties, costs, and attorney's 21
200	200	fees; that the court order such real estate to be sold by 22
201	201	the sheriff at public sale as provided by se ctions 92.700 to 23
202	202	92.920 and that thereafter a report of such sale be made by 24
203	203	the sheriff to the court for further proceedings under the 25
204	204	provisions of sections 92.700 to 92.920. 26
205	205	4. The petition when so filed shall have the same 27
206	206	force and effect with respect to each parcel of real estate 28
207	207	therein described as a separate suit instituted to foreclose 29
208	208	the tax lien or liens against any one of said parcels of 30
209	209	real estate. 31
210	210	5. For each petition filed, the collector shall make 32
211	211	available to the publ ic a list detailing each parcel 33
212	212	included in the suit. 34
213	213	92.750. 1. Except as otherwise provided in subsection 1
214	214	4 of this section, any person having any right, title , or 2
215	215	9 In the Circuit Court of ______ Missouri,
216	216	10 In the Matter of
217	217	11 Foreclosure of Liens for Delinquent Land Taxes
218	218	12 By Action in Rem.
219	219	13
220	220	14
221	221	Collector of Revenue of ______, Missouri, Plaintiff
222	222	15 -vs-
223	223	16
224	224	17
225	225	Parcels of Land Encumbered with Delinquent Tax
226	226	Liens, Defendants
227	227	SB 1190 8
228	228	interest in, or lien upon, any parcel of real estate 3
229	229	described in such petition may redeem such parcel of real 4
230	230	estate by paying to the collector all of the sums mentioned 5
231	231	therein, including principal, interest, penalties, 6
232	232	attorney's fees and costs then due, at any time prior to the 7
233	233	time of the foreclosure sale of such real estate by the 8
234	234	sheriff. 9
235	235	2. In the event of failure to redeem prior to the time 10
236	236	of the foreclosure sale by the sheriff, such person shall be 11
237	237	barred and forever foreclosed of all his right, title and 12
238	238	interest in and to the parcels of real estate described in 13
239	239	such petition. 14
240	240	3. Upon redemption, as permitted by this section, the 15
241	241	person redeeming shall be entitled to a certificate of 16
242	242	redemption from the collector describing the property in the 17
243	243	same manner as it is described in such pe tition, and the 18
244	244	collector shall thereupon note on his records the word 19
245	245	"redeemed" and the date of such payment opposite the 20
246	246	description of such parcel of real estate. 21
247	247	4. For any improved nonhomestead parcel, any person 22
248	248	having any right, title, or interest in, or lien upon, any 23
249	249	parcel of real estate described in the petition may redeem 24
250	250	such parcel of real estate at any time prior to the time of 25
251	251	the foreclosure sale of such real estate by the sheriff by 26
252	252	paying to the collector all of the sums du e as of the date 27
253	253	of redemption mentioned therein, including principal, 28
254	254	interest, penalties, attorney's fees, and costs then due 29
255	255	including, but not limited to, all debts owed to the city, 30
256	256	exclusive of any debts owed to any statutorily created sewer 31
257	257	district, that are known to the collector and that may be 32
258	258	collected pursuant to section 67.451, such as amounts for 33 SB 1190 9
259	259	water, forestry, nuisance abatement, special tax bills, and 34
260	260	vacant building assessments. 35
261	261	92.760. 1. The collector shall also cause to be 1
262	262	prepared and mailed in an envelope with postage prepaid, 2
263	263	within thirty days after the filing of such petition, a 3
264	264	brief notice of the filing of the suit, to the persons named 4
265	265	in the petition as [being the owners] having an interest in 5
266	266	the parcel, according to the records of the assessor for , or 6
267	267	otherwise known to the collector, the respective parcels of 7
268	268	real estate described in the petition. The notices shall be 8
269	269	sent to the addresses [of such persons upon the records of 9
270	270	the assessor] most likely to apprise the parties of the 10
271	271	proceedings as provided , and in the event that any name or 11
272	272	address does not appear on the records of the assessor, with 12
273	273	respect to any parcel of real estate, the collector shall so 13
274	274	state in an affidavit, gi ving the serial number of each 14
275	275	parcel of real estate affected. Such affidavit shall be 15
276	276	filed in the suit with the circuit clerk not later than 16
277	277	sixty days after the date of the first publication of the 17
278	278	notice of foreclosure. The failure of the collect or to mail 18
279	279	the notice as provided in this section shall invalidate any 19
280	280	proceedings brought pursuant to the provisions of sections 20
281	281	92.700 to 92.920. The failure of the collector to file the 21
282	282	affidavit as provided in this section shall not affect the 22
283	283	validity of any proceedings brought pursuant to the 23
284	284	provisions of sections 92.700 to 92.920. 24
285	285	2. Such notice shall be substantially as follows: 25
286	286	26 To the person to whom this notice is addressed:
287	287	27
288	288	28
289	289	29
290	290	30
291	291	According to [the] available records [in the
292	292	assessor's office], you [are the record owner as
293	293	to] have a legal interest in one or more parcels
294	294	of real estate described in a certain petition
295	295	SB 1190 10
296	296	31
297	297	32
298	298	33
299	299	34
300	300	35
301	301	36
302	302	37
303	303	38
304	304	39
305	305	40
306	306	41
307	307	42
308	308	bearing cause No. ______ (fill in number of case)
309	309	filed in the Circuit Court of ______, Missouri, at
310	310	______ (fill in city), on ______, 20______,
311	311	wherein a foreclosure of the lien of various
312	312	delinquent tax bills is sought and a court order
313	313	asked for the purpose of selling such real estate
314	314	at a public sale for payment of all delinquent tax
315	315	bills, together with interest, penalties,
316	316	attorney's fees and costs. Publication of notice
317	317	of such foreclosure was commenced on the ______
318	318	day of ______, 20______, in ______ (here insert
319	319	name of city), Missouri.
320	320	43
321	321	44
322	322	45
323	323	46
324	324	47
325	325	THE COLLECTOR OF THE CITY OF ______ (Insert name
326	326	of city) HAS FILED A LAWSUIT AGAINST YOUR
327	327	PROPERTY. THE LAWSUIT SAYS THAT YOU ARE BEHIND ON
328	328	YOUR PROPERTY TAXES. YOU COULD LOSE YOUR PROPERTY
329	329	IF YOU DON'T DO ANYTHING ABOUT THIS.
330	330
331	331	48
332	332	49
333	333	50
334	334	51
335	335	52
336	336	53
337	337	54
338	338	YOU HAVE A RIGHT TO ENTER INTO AN AGREEMENT WITH
339	339	THE COLLECTOR TO BRING YOUR TAXES UP TO DATE. YOU
340	340	MAY CONTACT THE COLLECTOR BY CALLING ______
341	341	(Insert telephone number of collector). IF YOU DO
342	342	NOT UNDERSTAND THIS NOTICE, OR YOU DO NOT KNOW
343	343	WHAT TO DO, YOU MAY CALL THIS OFFICE FOR FURTHER
344	344	EXPLANATION OR SEE A LAWYER RIGHT AWAY.
345	345
346	346	55
347	347	56
348	348	57
349	349	58
350	350	59
351	351	60
352	352	61
353	353	62
354	354	63
355	355	64
356	356	65
357	357	66
358	358	67
359	359	68
360	360	69
361	361	70
362	362	71
363	363	Unless all delinquent taxes be paid upon the
364	364	parcels of real estate described in such petition
365	365	and such real estate redeemed prior to the time of
366	366	the foreclosure sale of such real estate by the
367	367	sheriff, the owner or any person claiming any
368	368	right, title or interest in or to, or lien upon,
369	369	any such parcels of real estate shall be forever
370	370	barred and foreclosed of all right, title and
371	371	interest and equity of redemption in and to such
372	372	parcels of real estate; except that any such
373	373	persons shall have the right to file an answer in
374	374	said suit on or before the ______ day of ______,
375	375	20______, in the office of the Circuit Clerk and a
376	376	copy thereof to the Collector, setting forth in
377	377	detail the nature and amount of the interest and
378	378	any defense or objection to the foreclosure. Dated
379	379	______
380	380	SB 1190 11
381	381	92.765. Affidavits of publication of notice of 1
382	382	foreclosure, and of posting, mailing, or other acts required 2
383	383	by the provisions of sections 92.700 to 92.920 sha ll be 3
384	384	filed in the office of the circuit clerk prior to the trial, 4
385	385	and when so filed shall constitute part of the evidentiary 5
386	386	documents in the foreclosure suit. Such affidavits shall be 6
387	387	prima facie evidence of the performance of acts therein 7
388	388	described, and may be so used in the trial of the suit, 8
389	389	unless challenged by verified answer duly filed in the 9
390	390	suit. The collector shall file with the court an affidavit 10
391	391	of compliance with notice requirements of sections 92.700 to 11
392	392	92.920 prior to any sheriff' s sale. The affidavit shall 12
393	393	include the identities of all parties to whom notice was 13
394	394	attempted and by what means. In the case of mailed notice 14
395	395	returned undeliverable, the collector's affidavit shall 15
396	396	certify that additional notice was attempted and by what 16
397	397	means. The expense of complying with this section shall be 17
398	398	taxed and collected as other costs in the suit. 18
399	399	92.770. 1. The collector may employ such attorneys as 1
400	400	he deems necessary to collect such taxes and to prosecute 2
401	401	suits for taxes. 3
402	402	2. Such attorneys shall receive as total compensation 4
403	403	a sum, not to exceed six percent of the amount of taxes 5
404	404	actually collected and paid into the treasury, and an 6
405	405	additional sum not to exceed two dollars for each suit filed 7
406	406	72 __________________
407	407	73 Collector of Revenue
408	408	74 ______, Missouri
409	409	75 (Name of City)
410	410	76 Address ______ SB 1190 12
411	411	when publication is not necessary and not to exceed five 8
412	412	dollars where publication is necessary, as may be agreed 9
413	413	upon in writing and approved by the collector, before such 10
414	414	services are rendered. 11
415	415	3. The [attorney] attorney's fees shall be taxed as 12
416	416	costs in the suit and collected as other costs. 13
417	417	92.775. 1. Upon the trial of the cause upon the 1
418	418	question of foreclosure, the tax bill shall be prima facie 2
419	419	proof that the tax described in the tax bill has been 3
420	420	validly assessed at the time i ndicated by the tax bill and 4
421	421	that the tax is unpaid. Any person alleging any 5
422	422	jurisdictional defect or invalidity in the tax bill or in 6
423	423	the sale thereof must particularly specify in his answer the 7
424	424	defect or basis of invalidity, and must, upon trial, 8
425	425	affirmatively establish such defense. 9
426	426	2. After the court has first determined the validity 10
427	427	of the tax liens of all tax bills affecting parcels of real 11
428	428	estate described in the petition, the priorities of the 12
429	429	respective tax bills and the amounts due thereon, including 13
430	430	principal, interest, penalties, attorney's fees, and costs, 14
431	431	the court shall thereupon enter judgment of foreclosure of 15
432	432	such liens and fix the time and place of the foreclosure 16
433	433	sale. The petition shall be dismissed as to any parcel o f 17
434	434	real estate redeemed prior to the time fixed for the 18
435	435	sheriff's foreclosure sale as provided in sections 92.700 to 19
436	436	92.920. If the parcel of real estate auctioned off at 20
437	437	sheriff's foreclosure sale is sold for a sum sufficient to 21
438	438	fully pay the princip al amount of all tax bills included in 22
439	439	the judgment, together with interest, penalties, attorney's 23
440	440	fees and costs, and for no more, and such sale is confirmed 24
441	441	by the court, then all other proceedings as to such parcels 25
442	442	of real estate shall be finally d ismissed as to all parties 26 SB 1190 13
443	443	and interests other than tax bill owners or holders; 27
444	444	provided, however, that any parties seeking relief other 28
445	445	than an interest in or lien upon the real estate may 29
446	446	continue with said suit to a final adjudication of such 30
447	447	other issues; provided, further, an appeal may be had as to 31
448	448	any claim attacking the validity of the tax bill or bills or 32
449	449	the priorities as to payment of proceeds of foreclosure 33
450	450	sale. If the parcel of real estate auctioned off at 34
451	451	sheriff's foreclosure sale is sold for a sum greater than 35
452	452	the total amount necessary to pay the principal amount of 36
453	453	all tax bills included in the judgment, together with 37
454	454	interest, penalties, attorney's fees and costs, and such 38
455	455	sale is confirmed by the court, and no appeal is tak en by 39
456	456	any person claiming any right, title or interest in or to or 40
457	457	lien upon said parcel of real estate or by any person or 41
458	458	taxing authority owning or holding or claiming any right, 42
459	459	title or interest in or to any tax bills within the time 43
460	460	fixed by law for the filing of notice of appeal, the court 44
461	461	shall thereupon order the sheriff to make distribution to 45
462	462	the owners or holders of the respective tax bills included 46
463	463	in the judgment of the amounts found to be due and in the 47
464	464	order of priorities. Thereafter all proceedings in the suit 48
465	465	shall be ordered by the court to be dismissed as to such 49
466	466	persons or taxing authorities owning, holding or claiming 50
467	467	any right, title or interest in any such tax bill or bills 51
468	468	so paid, and the case shall proceed as to any p arties 52
469	469	claiming any right, title, or interest in or lien upon the 53
470	470	parcel of real estate affected by such tax bill or bills as 54
471	471	to their respective claims to such surplus funds then 55
472	472	remaining in the hands of the sheriff. The receipt of such 56
473	473	surplus funds shall constitute a bar to any claim of right, 57 SB 1190 14
474	474	title, or interest in, or lien upon, said parcel of real 58
475	475	estate, by the fund recipient. 59
476	476	3. Whenever an answer is filed to the petition, as 60
477	477	herein provided, a severance of the action as to all parcel s 61
478	478	of real estate affected by such answer shall be granted, and 62
479	479	the issues raised by the petition and such answer shall be 63
480	480	tried separate and apart from the other issues in the suit, 64
481	481	but the granting of such severance shall not delay the trial 65
482	482	or other disposition of any other issue in the case. A 66
483	483	separate appeal may be taken from any other issue in the 67
484	484	case. A separate appeal may be taken from any action of the 68
485	485	court affecting any right, title or interest in or to, or 69
486	486	lien upon, such real estate, other than issues of law and 70
487	487	fact affecting the amount or validity of the lien of tax 71
488	488	bills, but the proceeding to foreclose the lien of any tax 72
489	489	bills shall not be stayed by such appeal. The trial shall 73
490	490	be conducted by the court without the aid of a jury and the 74
491	491	suit shall be in equity. This action shall take precedence 75
492	492	over and shall be triable before any other action in equity 76
493	493	affecting the title to such real estate, upon motion of any 77
494	494	interested party. 78
495	495	92.810. 1. After the judgment of foreclosure has been 1
496	496	entered, or, after a motion for a new trial has been 2
497	497	overruled, or, if an appeal be taken from such judgment and 3
498	498	the judgment has been affirmed, after the sheriff shall have 4
499	499	been notified by any party to the suit that such judgment 5
500	500	has been affirmed on appeal and that the mandate of the 6
501	501	appellate court is on file with the circuit clerk, there 7
502	502	shall be a waiting period of six months before any 8
503	503	advertisement of sheriff's sale shall be published. 9
504	504	2. If any such parcel of real estate be not redeemed, 10
505	505	or if no written contract providing for redemption be made 11 SB 1190 15
506	506	within six months after the date of the judgment of 12
507	507	foreclosure, if no motion for rehearing be filed, and, if 13
508	508	filed, within six months after such motion ma y have been 14
509	509	overruled, or, if an appeal be taken from such judgment and 15
510	510	the judgment be affirmed, within six months after the 16
511	511	sheriff shall have been notified by any party to the suit 17
512	512	that such judgment has been affirmed on appeal and that the 18
513	513	mandate of the appellate court is on file with the circuit 19
514	514	clerk, the sheriff shall, after giving the [notice] notices 20
515	515	required by [subsection 3] subsections 4 and 5 of this 21
516	516	section, commence to advertise the real estate described in 22
517	517	the judgment and shall fi x the date of sale within thirty 23
518	518	days after the date of the first publication of the notice 24
519	519	of sheriff's sale as herein provided, and shall at such sale 25
520	520	proceed to sell the real estate. 26
521	521	3. No later than one hundred twenty days prior to the 27
522	522	sheriff's sale, the collector shall obtain a title abstract 28
523	523	or report on any unredeemed parcels. Such title abstract or 29
524	524	report shall be obtained from a licensed title company or 30
525	525	attorney and subject to a public and competitive bidding 31
526	526	process administered b y the collector and conducted 32
527	527	triennially. The title report shall include all 33
528	528	conveyances, liens, and charges against the real estate, and 34
529	529	the names and mailing addresses of any interested parties 35
530	530	and lienholders. The charges of said abstract or repo rt 36
531	531	shall be taxed as costs and shall be paid as other costs in 37
532	532	the case. 38
533	533	4. No later than twenty days prior to the sheriff's 39
534	534	sale, the collector shall send notice of the sale to the 40
535	535	lienholders and interested parties, as disclosed upon the 41
536	536	title abstract or report of the real estate for which tax 42
537	537	bills thereon are delinquent. The notice shall provide the 43 SB 1190 16
538	538	date, time, and place of the sale. The notice shall also 44
539	539	state that the parcel may be redeemed prior to the sale as 45
540	540	specified in section 9 2.750 or by entering into an agreement 46
541	541	with the collector to pay the taxes included in the 47
542	542	foreclosure suit under section 92.740. The notice required 48
543	543	by this subsection shall be mailed in an envelope with 49
544	544	postage prepaid. The cost of the mailing and notice as 50
545	545	required by this subsection shall be included as costs in 51
546	546	the case. 52
547	547	5. No later than [twenty] forty days prior to the 53
548	548	sheriff's sale, the [sheriff] collector shall send notice of 54
549	549	the sale to the [owner or owners,] parties having interes t 55
550	550	in the parcel as disclosed upon the records of the assessor , 56
551	551	or otherwise known to the collector, of the real estate for 57
552	552	which tax bills thereon are delinquent. [The search of the 58
553	553	records of the assessor must be made not more than forty 59
554	554	days prior to the sending of this notice ] The notice shall 60
555	555	be sent to the addresses most likely to apprise the parties 61
556	556	of the proceedings as provided . The notice shall provide 62
557	557	the date, time and place of the sale. The notice shall also 63
558	558	state that [the property owner] an interested party may 64
559	559	avoid the sale by redeeming such parcel of real estate prior 65
560	560	to the sale as specified in section 92.750 or , if 66
561	561	applicable, by entering into an agreement with the collector 67
562	562	to pay the taxes included in the foreclosure suit under 68
563	563	section 92.740. The notice required by this subsection 69
564	564	shall be mailed in an envelope with postage prepaid. The 70
565	565	cost of [the title search,] mailing and notice as required 71
566	566	by this subsection shall be included as costs [at the sale 72
567	567	of the real estate] in the case. 73
568	568	6. No later than twenty days prior to the sheriff's 74
569	569	sale, the sheriff shall enter upon the parcel subject to 75 SB 1190 17
570	570	foreclosure of these tax liens and post a written 76
571	571	informational notice in a conspicuous location, attached to 77
572	572	a structure, and intended to be visible by the nearest 78
573	573	public right-of-way. This notice shall describe the 79
574	574	property; shall advise that it is the subject of delinquent 80
575	575	land tax collection proceedings brought pursuant to sections 81
576	576	92.700 to 92.920 and that i t may be sold for the payment of 82
577	577	delinquent taxes at a sale to be held at a certain time, 83
578	578	date, and place; and shall contain the serial number and the 84
579	579	phone number and address of the collector, as well as a 85
580	580	statement of the prohibition against removal unless the 86
581	581	parcel has been redeemed. The notice shall be not less than 87
582	582	eight inches by ten inches and shall be laminated or 88
583	583	otherwise sufficiently weatherproofed to withstand normal 89
584	584	exposure to rain, snow, and other conditions. The sheriff 90
585	585	shall document, by time-stamped photograph, compliance with 91
586	586	this section, make said documentation generally available 92
587	587	upon request, and provide verification by affidavit of 93
588	588	compliance with this section. The cost of notice as 94
589	589	required by this subsection shall b e included as costs in 95
590	590	the case. 96
591	591	7. In addition to the other notice requirements of 97
592	592	this section, no later than twenty days prior to the 98
593	593	sheriff's sale, the sheriff shall attempt in -person notice 99
594	594	that shall describe the property; that shall advis e that it 100
595	595	is the subject of delinquent land tax collection proceedings 101
596	596	brought pursuant to sections 92.700 to 92.920 and that it 102
597	597	may be sold for the payment of delinquent taxes at a sale to 103
598	598	be held a certain time, date, and place; and that shall 104
599	599	contain the serial number and phone number and address of 105
600	600	the collector. In-person notice may be provided to any 106
601	601	person found at the property. The sheriff shall note the 107 SB 1190 18
602	602	date and time of attempted notice and the name, description, 108
603	603	or other identifying inf ormation regarding the person to 109
604	604	whom notice was attempted. The sheriff shall document 110
605	605	compliance with this section, make said documentation 111
606	606	generally available upon request, and provide verification 112
607	607	by affidavit of compliance with this section. The cost of 113
608	608	notice as required by this subsection shall be included as 114
609	609	costs in the case. 115
610	610	[4.] 8. Notwithstanding the provisions of this section 116
611	611	to the contrary, any residential property which has not been 117
612	612	redeemed by the end of the waiting period re quired by this 118
613	613	section which has been determined to be of substandard 119
614	614	quality or condition under the standards established by the 120
615	615	residential renovation loan commission pursuant to sections 121
616	616	67.970 to 67.983 may, upon the request of the residential 122
617	617	renovation loan commission, be transferred to the 123
618	618	residential renovation loan commission for the purpose of 124
619	619	renovation of the property. Any such property transferred 125
620	620	pursuant to this subsection shall be renovated and sold by 126
621	621	the residential renovation lo an commission in the manner 127
622	622	prescribed in sections 67.970 to 67.983. The residential 128
623	623	renovation loan commission shall reimburse the land 129
624	624	reutilization authority for all expenses directly incurred 130
625	625	in relation to such property under sections 92.700 to 9 2.920 131
626	626	prior to the transfer. 132
627	627	92.815. 1. During such waiting period and at any time 1
628	628	prior to the time of foreclosure sale by the sheriff, any 2
629	629	interested party may redeem any parcel of real estate as 3
630	630	provided by sections 92.700 to 92 .920; except that during 4
631	631	such time and at any time prior to the time of foreclosure 5
632	632	sale by the sheriff, the collector shall enter into a 6
633	633	written redemption contract with the owner of any real 7 SB 1190 19
634	634	estate occupied as a homestead and who has not previously 8
635	635	defaulted upon any such written redemption contract, 9
636	636	provided that in no instance shall such installments exceed 10
637	637	twelve in number or extend more than twenty -four months next 11
638	638	after any agreement for such installment payments shall have 12
639	639	been entered into; provided further, that upon good cause 13
640	640	being shown by the owner of any parcel of real estate 14
641	641	occupied as a homestead, or in the case of improved real 15
642	642	estate with a total assessed valuation of not more than five 16
643	643	thousand dollars, owned by an individua l, the income from 17
644	644	such property being a major factor in the total income of 18
645	645	such individual, or by anyone on his behalf, the court may, 19
646	646	in its discretion, fix the time and terms of payment in such 20
647	647	contract to permit all of such installments to be paid 21
648	648	within not longer than forty -eight months after any order or 22
649	649	agreement as to installment payments shall have been made. 23
650	650	The collector shall not enter into a redemption contract 24
651	651	with respect to any improved parcel not occupied as a 25
652	652	homestead. 26
653	653	2. So long as such installments be paid according to 27
654	654	the terms of the contract, the six months' waiting period 28
655	655	shall be extended, but if any installment be not paid when 29
656	656	due, the extension of the waiting period shall be ended and 30
657	657	the real estate shall i mmediately be advertised for sale or 31
658	658	included in the next notice of sheriff's foreclosure sale. 32
659	659	Notice shall also be sent to the redemption contract [payor] 33
660	660	payer as specified in subsection [3] 4 of section 92.810. 34
661	661	3. On an annual basis, the coll ector shall make 35
662	662	publicly available the number of parcels under redemption 36
663	663	contract under this section. 37
664	664	92.817. 1. The court shall stay the sale of any 1
665	665	parcel to be sold under execution of a tax foreclosure 2 SB 1190 20
666	666	judgment obtained under this chapter, which is the subject 3
667	667	of an action filed under sections 447.620 to 447.640, 4
668	668	provided that the party that has brought such an action has, 5
669	669	upon an order of the court, paid into the circuit court the 6
670	670	principal amount of all land taxes then du e and owing under 7
671	671	the tax foreclosure judgment, exclusive of penalties and 8
672	672	interest, prior to the date of any proposed sale under 9
673	673	execution. 10
674	674	2. Upon the granting by the court of temporary 11
675	675	possession of any property under section 447.632, upon 12
676	676	order, the circuit court shall direct payment to the 13
677	677	collector of all principal land taxes theretofore paid to 14
678	678	the circuit court. In addition, in any order granting a 15
679	679	final judgment or deed under section 447.625 or 447.640, the 16
680	680	court shall also order th e permanent extinguishment of 17
681	681	penalties and interest arising from actions to collect 18
682	682	delinquent land taxes due on the parcel against the grantee 19
683	683	of said deed, and all successors in interest; excepting 20
684	684	however, any defendant in such action. 21
685	685	3. If an owner of the parcel moves the court for 22
686	686	restoration of possession under section 447.638, the owner 23
687	687	shall pay into the circuit court all land tax amounts 24
688	688	currently due and owing on the property, including all 25
689	689	statutory penalties, interest, attorney's fees, and court 26
690	690	costs retroactive to the date of accrual. Upon an order 27
691	691	granting the restoration of possession to an owner under 28
692	692	section 447.638, the court shall order that the funds paid 29
693	693	to the court under subsection 2 of this section be returned 30
694	694	to the payer, and that the funds paid to the court under 31
695	695	this subsection be paid out to the collector. 32
696	696	4. If the party that brought the action under sections 33
697	697	447.620 to 447.640 dismisses its action prior to gaining 34 SB 1190 21
698	698	temporary possession of the prope rty, it shall recover any 35
699	699	amounts paid into the circuit court prior to that date for 36
700	700	principal land taxes. 37
701	701	92.825. 1. The sale shall be conducted, the sheriff's 1
702	702	return thereof made, and the sheriff's deed pursuant to the 2
703	703	sale executed, all as provided in the case of sales of real 3
704	704	estate taken under execution except as otherwise provided in 4
705	705	sections 92.700 to 92.920, and provided that such sale need 5
706	706	not occur during the term of court or while the court is in 6
707	707	session. 7
708	708	2. Such sale shall convey the whole interest of every 8
709	709	person having or claiming any right, title or interest in or 9
710	710	lien upon such real estate, whether such person has answered 10
711	711	or not, subject to rights -of-way thereon of public utilities 11
712	712	upon which tax has be en otherwise paid, and subject only to 12
713	713	the tax lien thereon, if any, of the United States of 13
714	714	America. 14
715	715	3. The collector shall advance from current tax 15
716	716	collections the sums necessary to pay for the publication of 16
717	717	all advertisements required by the provisions of sections 17
718	718	92.700 to 92.920 and shall be allowed credit therefor in his 18
719	719	accounts with the taxing authorities on a pro rata basis. 19
720	720	He shall give credit in such accounts for all such advances 20
721	721	recovered by him. Such expenses of publication s hall be 21
722	722	apportioned pro rata among and taxed as costs against the 22
723	723	respective parcels of real estate described in the judgment; 23
724	724	provided, however, that none of the costs herein enumerated, 24
725	725	including the costs of publication, shall constitute any 25
726	726	lien upon the real estate after such sale. 26
727	727	4. No person shall be eligible to bid at the time of 27
728	728	the sheriff's sale unless such person has, no later than ten 28
729	729	days before the sale date, demonstrated to the satisfaction 29 SB 1190 22
730	730	of the collector or sheriff that the person is not the owner 30
731	731	of any parcel of real estate in the city that is subject to 31
732	732	delinquent property taxes, unpaid special tax bills, or 32
733	733	vacant building fees. A prospective bidder shall be 33
734	734	prohibited from participating in the delinquent land tax 34
735	735	sale if he or she has previously bid at a sheriff's sale and 35
736	736	failed to pay bid amounts, confirm the sale, or sign a 36
737	737	sheriff's deed. The collector or sheriff may require 37
738	738	prospective bidders to submit an affidavit attesting to the 38
739	739	requirements of this s ection and is expressly authorized to 39
740	740	permanently preclude any prospective bidder from 40
741	741	participating in the sale for failure to comply with this 41
742	742	section. Notwithstanding the provisions of this section, 42
743	743	any taxing authority or land reutilization author ity shall 43
744	744	be eligible to bid at any sale conducted under this section 44
745	745	without making such a demonstration. The purchaser at a 45
746	746	sale conducted by the sheriff shall pay cash immediately at 46
747	747	the end of bidding of each parcel on the day of the sale in 47
748	748	an amount including all taxes then due and owing, which may 48
749	749	be in an amount in excess of or less than the judgment 49
750	750	amount, and other costs, exclusive of any amounts for debts 50
751	751	owed to any statutorily created sewer district [as otherwise 51
752	752	provided by law]. 52
753	753	92.835. 1. The title to any real estate which shall 1
754	754	vest in the land reutilization authority under the 2
755	755	provisions of sections 92.700 to 92.920 shall be held by the 3
756	756	land reutilization authority of the city in trust for the 4
757	757	tax bill owners and taxing authorities having an interest in 5
758	758	any tax liens which were foreclosed, as their interests may 6
759	759	appear in the judgment of foreclosure. 7
760	760	2. The title to any real estate which shall vest in 8
761	761	any purchaser, upon confirmation of such sa le by the court, 9 SB 1190 23
762	762	shall be an absolute estate in fee simple, subject to rights - 10
763	763	of-way thereon of public utilities on which tax has been 11
764	764	otherwise paid, and subject to any tax lien thereon of the 12
765	765	United States of America, if any, and all persons, includi ng 13
766	766	the state of Missouri, any taxing authority or tax district 14
767	767	as defined herein, judgment creditors, lienholders, minors, 15
768	768	incapacitated and disabled persons, and nonresidents who may 16
769	769	have had any right, title, interest, claim, or equity of 17
770	770	redemption in or to, or lien upon, such lands shall be 18
771	771	barred and forever foreclosed of all such right, title, 19
772	772	interest, claim, lien or equity of redemption, and the court 20
773	773	shall order immediate possession of such real estate be 21
774	774	given to such purchaser [; provided, however, that such title 22
775	775	shall also be subject to the liens of any tax bills which 23
776	776	may have attached to such parcel of real estate prior to the 24
777	777	time of the filing of the petition affecting such parcel of 25
778	778	real estate not then delinquent, or which may have attached 26
779	779	after the filing of the petition and prior to sheriff's sale 27
780	780	and not included in any answer to such petition, but ]. If 28
781	781	such parcel of real estate is sold to the land reutilization 29
782	782	authority the title thereto shall be free of any [such] 30
783	783	liens to the extent of the interest of any taxing authority 31
784	784	in such real estate; provided further, that such title shall 32
785	785	not be subject to the lien of special tax bills [which has 33
786	786	attached to the parcel of real estate prior to January 1, 34
787	787	1972, but the lien of such special tax bills shall attach to 35
788	788	the proceeds of the sheriff's sale or to the proceeds of the 36
789	789	ultimate sale of such parcel by the land reutilization 37
790	790	authority]. 38
791	791	92.840. 1. Within six months after the sheriff sells 1
792	792	any parcel of real estate, the court shall, upon its own 2
793	793	motion or upon motion of any interested party, set the cause 3 SB 1190 24
794	794	down for hearing to confirm or set aside the foreclosure 4
795	795	sale of the real estate, even though such parcels are not 5
796	796	all of the parcels of real estate described in the notice of 6
797	797	sheriff's foreclosure sale. Notice of the hearing shall be 7
798	798	sent by any interested party, or the court, moving to 8
799	799	confirm the foreclosure sale, to each person who [received] 9
800	800	was sent notice of sale as specified in [subsection 3] 10
801	801	subsections 4 and 5 of section 92.810 and to any other 11
802	802	necessary parties as required by prevailing notions of due 12
803	803	process. At the time of such hearing, the sheriff shall 13
804	804	make report of the sale, and the court shall hear evidence 14
805	805	of the value of the property offered on behalf of any 15
806	806	interested party to the suit, and shall immediately 16
807	807	determine whether an adequate consideration has been paid 17
808	808	for each such parcel. Any parcel deemed to have been 18
809	809	purchased by the land reutilization aut hority pursuant to 19
810	810	section 92.830 shall not require any inquiry as to value. 20
811	811	The court's judgment shall include a specific finding that 21
812	812	adequate notice was provided to all necessary parties 22
813	813	pursuant to prevailing notions of due process and sections 23
814	814	92.700 to 92.920, reciting the notice efforts of the 24
815	815	collector, sheriff, and tax sale purchaser. Nothing in this 25
816	816	section shall be interpreted to preclude a successful tax 26
817	817	sale purchaser from asserting a claim to quiet title to the 27
818	818	bid upon parcel pursu ant to section 527.150. 28
819	819	2. For this purpose, the court shall have power to 29
820	820	summon any city official or any private person to testify as 30
821	821	to the reasonable value of the property, and if the court 31
822	822	finds that adequate consideration has been paid, he s hall 32
823	823	confirm the sale and order the sheriff to issue a deed with 33
824	824	restriction as provided herein to the purchaser subject to 34
825	825	the application of an occupancy permit for all parcels as 35 SB 1190 25
826	826	provided in subsection [5] 7 of this section. If the court 36
827	827	finds that the consideration paid is inadequate, the 37
828	828	purchaser may increase his bid to such amount as the court 38
829	829	may deem to be adequate, whereupon the court may confirm the 39
830	830	sale. If, however, the purchaser declines to increase his 40
831	831	bid and make such additional payment, then the sale shall be 41
832	832	disapproved, the lien of the judgment continued, and such 42
833	833	parcel of real estate shall be again advertised and offered 43
834	834	for sale by the sheriff to the highest bidder at public 44
835	835	auction for cash at any subsequent sheriff's f oreclosure 45
836	836	sale. 46
837	837	3. If the sale is confirmed, the court shall order the 47
838	838	proceeds of the sale applied in the following order: 48
839	839	(1) To the payment of the costs of the publication of 49
840	840	the notice of foreclosure and of the sheriff's foreclosure 50
841	841	sale; 51
842	842	(2) To the payment of all of the collector and 52
843	843	sheriff's costs including appraiser's fee and attorney's 53
844	844	fees; 54
845	845	(3) To the payment of all tax bills adjudged to be due 55
846	846	in the order of their priority, including principal, 56
847	847	interest and penalties thereon. If, after such payment, 57
848	848	there is any sum remaining of the proceeds of the sheriff's 58
849	849	foreclosure sale, the court shall thereupon try and 59
850	850	determine the other issues in the suit in accordance with 60
851	851	section 92.775. If any answering parties h ave specially 61
852	852	appealed as provided in section 92.845, the court shall 62
853	853	retain the custody of such funds pending disposition of such 63
854	854	appeal, and upon disposition of such appeal shall make such 64
855	855	distribution. If there are not sufficient proceeds of the 65
856	856	sale to pay all claims in any class described, the court 66 SB 1190 26
857	857	shall order the same to be paid pro rata in accordance with 67
858	858	the priorities. 68
859	859	4. If there are any funds remaining of the proceeds 69
860	860	after the sheriff's sale and after the distribution of such 70
861	861	funds as set out in this section and no person entitled to 71
862	862	any such funds, whether or not a party to the suit, shall, 72
863	863	within two years after such sale, appear and claim the 73
864	864	funds, [they] ten percent shall be distributed to the 74
865	865	affordable housing trust fu nd or equivalent of such city 75
866	866	operating under sections 92.700 to 92.920 for purposes that 76
867	867	promote the reduction and prevention of vacant properties, 77
868	868	with the remainder to be distributed to the appropriate 78
869	869	taxing authorities. 79
870	870	5. Any city operating under the provisions of sections 80
871	871	92.700 to 92.920, by ordinance, may elect to allocate a 81
872	872	portion of its share of the proceeds of the sheriff's sale 82
873	873	towards a fund for the purpose of defending against claims 83
874	874	challenging the sufficiency of notice provis ions under this 84
875	875	section. 85
876	876	6. For the purpose of this section, the term 86
877	877	"occupancy permit" shall mean the certificate of [use and] 87
878	878	inspection or occupancy permit for residential or commercial 88
879	879	structures as provided for in the revised municipal code of 89
880	880	any city not within a county, which now has or may hereafter 90
881	881	have a population in excess of three hundred thousand 91
882	882	inhabitants. 92
883	883	[6.] 7. If there is a building or structure on the 93
884	884	parcel, the purchaser shall apply for an occupancy permit 94
885	885	from the city or appropriate governmental agency within ten 95
886	886	days after the confirmation hearing. Any purchaser who is a 96
887	887	public corporation acting in a governmental capacity shall 97
888	888	not be required to acquire the occupancy permit. When a 98 SB 1190 27
889	889	parcel, acquired at a sheriff sale, containing a building is 99
890	890	sold from a public corporation acting in a governmental 100
891	891	capacity, the subsequent purchaser shall be required to 101
892	892	apply for the occupancy permit. Failure to apply for such 102
893	893	occupancy permit within ten days after confirmation shall 103
894	894	result in the sale and confirmation being immediately set 104
895	895	aside by the motion of any interested party and that parcel 105
896	896	shall again be advertised and offered for sale by the 106
897	897	sheriff to the highest bidder at public auction for cash at 107
898	898	any subsequent sheriff foreclosure sale. 108
899	899	[7.] 8. The sheriff shall include a deed restriction 109
900	900	in the sheriff's deed, issued after confirmation and after 110
901	901	the application of an occupancy permit for any parcel 111
902	902	containing a building or structure. The deed restriction 112
903	903	shall state that the purchasers at the sheriff's sale who 113
904	904	had the property confirmed and who applied for an occupancy 114
905	905	permit shall obtain an occupancy permit for the building or 115
906	906	structure from the appropriate governmental agency prior to 116
907	907	any subsequent transfer or sale of this property. This deed 117
908	908	restriction shall not exist as a lien against such real 118
909	909	estate [while the purchasers hold same in the amount of five 119
910	910	thousand dollars]. The purchasers of the property at the 120
911	911	sheriff sale who had the property confirmed and applied for 121
912	912	the occupancy permit shall agree that in the event of their 122
913	913	failure to obtain an occupancy permit prior to any 123
914	914	subsequent transfer of the property, they shall pay to the 124
915	915	sheriff the sum of five thousand dollars as fixed, 125
916	916	liquidated and ascertained damages without proof of loss or 126
917	917	damages. These damages shall not constitute a lien on 127
918	918	property, and the sheriff shall have the discretionary power 128
919	919	to file a lawsuit against such purchaser for collection of 129
920	920	these liquidated damages. These liquidated damages shall be 130 SB 1190 28
921	921	distributed on a prorated basis to the appropriate taxing 131
922	922	authority after the sheriff deducts all costs, expenses and 132
923	923	[attorney] attorney's fees for such lawsuits. The sheriff 133
924	924	may employ attorneys as he deems necessary to collect 134
925	925	liquidated damages. 135
926	926	9. If any sale is not confirmed within six months 136
927	927	after the sale, any set -aside of the sale may, at the 137
928	928	discretion of the court or collector, include a penalty of 138
929	929	twenty-five percent of the bid amount over and above the 139
930	930	opening bid amount, and such penalty shall be directed to 140
931	931	the affordable housing trust fund or the equivalent, if any, 141
932	932	of a city operating under sections 92.700 to 92.920. 142
933	933	10. Any interested party, other than th e sheriff's 143
934	934	sale purchaser, who moves the court to set aside a sheriff's 144
935	935	sale after the issuance of a sheriff's deed made under the 145
936	936	provisions of sections 92.700 to 92.920 shall be required to 146
937	937	pay into the court the redemption amount otherwise necessar y 147
938	938	under section 92.750 prior to the court hearing any such 148
939	939	motion to set aside. The court may hear any motion to 149
940	940	confirm brought under the terms of this section if the 150
941	941	redemption amount is not paid by the interested party moving 151
942	942	the court to set asid e the sale. 152
943	943	92.852. Any sheriff's deed given pursuant to the 1
944	944	municipal land reutilization law shall be subject to a 2
945	945	recording fee for the costs of recording the deed that shall 3
946	946	be assessed and collected from the purchaser of the prop erty 4
947	947	at the same time the proceeds from the sale are collected. 5
948	948	All such deeds shall be recorded at the office of the 6
949	949	recorder of deeds within two months after the [sheriff's 7
950	950	deed is given] court confirms the sale, if no proceeding to 8
951	951	set aside the confirmation judgment is before the court . 9 SB 1190 29
952	952	92.855. Each sheriff's deed given pursuant to the 1
953	953	provisions of the municipal land reutilization law shall be 2
954	954	[presumptive] prima facie evidence that the suit and all 3
955	955	proceedings therein and all proceedings prior thereto from 4
956	956	and including assessment of the lands affected thereby and 5
957	957	all notices required by law were regular and in accordance 6
958	958	with all provisions of the law relating thereto. [After two 7
959	959	years from the date of the recording o f such sheriff's deed, 8
960	960	the presumption shall be conclusive, unless at the time that 9
961	961	this section takes effect the two -year period since the 10
962	962	recording of such sheriff's deed has expired, or less than 11
963	963	six months of such period of two years remains unexpi red, in 12
964	964	which latter case the presumption shall become conclusive 13
965	965	six months after September 28, 1971. No suit to set aside 14
966	966	or to attack the validity of any such sheriff's deed shall 15
967	967	be commenced or maintained unless the suit is filed prior to 16
968	968	the time that the presumption becomes conclusive, as 17
969	969	aforesaid.] 18
970	970	442.130. 1. All deeds or other conveyances of lands, 1
971	971	or of any estate or interest therein, shall be subscribed by 2
972	972	the party granting the same, or by his lawful agent, and 3
973	973	shall be acknowledged or proved and certified in the manner 4
974	974	herein prescribed. 5
975	975	2. All written instruments conveying real estate or 6
976	976	any interest in real estate shall state whether any natural 7
977	977	person acting as grantors, mortgagors, or other parties 8
978	978	executing the instrument are married or unmarried. 9
979	979	