EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1190
101ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR ROBERTS.
5771S.01I ADRIANE D. CROUSE, Secretary
AN ACT
To repeal sections 59.310, 92.720, 92.740, 92.750, 92.760, 92.765, 92.770, 92.775, 92.810,
92.815, 92.825, 92.835, 92.840, 92.852, 92.855, and 442.130, RSMo, and to enact in
lieu thereof seventeen new sections relating to property regulations in certain cities and
counties, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 59.310, 92.720, 92.740, 92.750, 1
92.760, 92.765, 92.770, 92.775, 92.810, 92.815, 92.825, 92.835, 2
92.840, 92.852, 92.855, and 442.130, RSMo, are repealed and 3
seventeen new sections enacted in lieu thereof, to be known as 4
sections 59.310, 92.720, 92.740, 92.750, 92.760, 92.765, 5
92.770, 92.775, 92.810, 92.815, 92.817, 92.825, 92.835, 92.840, 6
92.852, 92.855, and 442.130, to read as follows:7
59.310. 1. The county recorder of deeds may refuse 1
any document presented for recording that does not meet the 2
following requirements: 3
(1) The document shall consist of one or more 4
individual pages printed only on one side and not 5
permanently bound nor in a continuous form. The document 6
shall not have any attachment stapled or otherwise affixed 7
to any page except as necessary to comply with statutory 8
requirements, provided that a document may be stapled 9
together for presentation for recording; a label that is 10
firmly attached with a bar code or return address may b e 11
accepted for recording; 12 SB 1190 2
(2) The size of print or type shall not be smaller 13
than eight-point type and shall be in black or dark ink. 14
Should any document presented for recording contain type 15
smaller than eight-point type, such document shall be 16
accompanied by an exact typewritten copy not smaller than 17
eight-point type to be recorded contemporaneously as 18
additional pages of the document; 19
(3) The document must be of sufficient legibility to 20
produce a clear and legible reproduction thereof . Should 21
any document not be of sufficient legibility to produce a 22
clear and legible reproduction, such document shall be 23
accompanied by an exact typewritten copy not smaller than 24
eight-point type to be recorded contemporaneously as 25
additional pages of the document; 26
(4) The document shall be on white [paper] or light- 27
colored paper of not less than twenty -pound weight without 28
watermarks or other visible inclusions, except for plats and 29
surveys, which may be on materials such as Mylar or velum. 30
All text within the document shall be of sufficient color 31
and clarity to ensure that when the text is reproduced from 32
record, it shall be readable; 33
(5) All signatures on a document shall be in black or 34
dark ink, such that such signatures shall be of sufficient 35
color and clarity to ensure that when the text is reproduced 36
from record, it shall be readable, and shall have the 37
corresponding name typed, printed or stamped underneath said 38
signature. The typing or printing of any name or the 39
applying of an embossed or inked stamp shall not cover or 40
otherwise materially interfere with any part of the document 41
except where provided for by law; 42
(6) The documents shall have a top margin of at least 43
three inches of vertical space from left to right, to be 44 SB 1190 3
reserved for the recorder of deeds' certification and use. 45
All other margins on the document shall be a minimum of 46
three-fourths of one inch on all sides. Nonessential 47
information such as form numbers, page numbers or customer 48
notations may be placed in the margin. A document may be 49
recorded if a minor portion of a seal or incidental writing 50
extends beyond the margins. The recorder of deeds will not 51
incur any liability for not showing any seal or information 52
that extends beyond the margins of the permanent archival 53
record. 54
2. Every document containing any of the items listed 55
in this subsection that is presented for recording, except 56
plats and surveys, shall have such information on the first 57
page below the three -inch horizontal margin: 58
(1) The title of the document; 59
(2) The date of the document; 60
(3) All grantors' names and marital status; 61
(4) All grantees' names; 62
(5) Any statutory addresses; 63
(6) The legal description of the property; and 64
(7) Reference book and pages for statutory 65
requirements, if applicable. 66
If there is not sufficient room on the first page for all of 67
the information required by this subsection, the page 68
reference within the document where the information is set 69
out shall be stated on the first page. 70
3. From January 1, 2002, documents which do not meet 71
the requirements set forth in this section may be recorded 72
for an additional fee of twenty -five dollars, which shall be 73
deposited in the recorders' fund e stablished pursuant to 74
subsection 1 of section 59.319. 75 SB 1190 4
4. Documents which are exempt from format requirements 76
and which the recorder of deeds may record include the 77
following: 78
(1) Documents which were signed prior to January 1, 79
2002; 80
(2) Military separation papers; 81
(3) Documents executed outside the United States; 82
(4) Certified copies of documents, including birth and 83
death certificates; 84
(5) Any document where one of the original parties is 85
deceased or otherwise inc apacitated; and 86
(6) Judgments or other documents formatted to meet 87
court requirements. 88
5. Any document rejected by a recorder of deeds shall 89
be returned to the preparer or presenter accompanied by an 90
explanation of the reason it could not be recorded. 91
6. Recorders of deeds shall be allowed fees for their 92
services as follows: 93
(1) For recording every deed or instrument: five 94
dollars for the first page and three dollars for each page 95
thereafter except for plats and surveys; 96
(2) For copying or reproducing any recorded 97
instrument, except surveys and plats: a fee not to exceed 98
two dollars for the first page and one dollar for each page 99
thereafter; 100
(3) For every certificate and seal, except when 101
recording an instrumen t: one dollar; 102
(4) For recording a plat or survey of a subdivision, 103
outlets or condominiums: twenty-five dollars for each sheet 104
of drawings or calculations based on a size not to exceed 105
twenty-four inches in width by eighteen inches in height. 106
For recording a survey of one or more tracts: five dollars 107 SB 1190 5
for each sheet of drawings or calculations based on a size 108
not to exceed twenty -four inches in width by eighteen inches 109
in height. Any plat or survey larger than eighteen inches 110
by twenty-four inches shall be counted as an additional 111
sheet for each additional eighteen inches by twenty -four 112
inches, or fraction thereof, plus five dollars per page of 113
other material; 114
(5) For copying a plat or survey of one or more 115
tracts: a fee not to exc eed five dollars for each sheet of 116
drawings and calculations not larger than twenty -four inches 117
in width and eighteen inches in height and one dollar for 118
each page of other material; 119
(6) For a document which releases or assigns more than 120
one item: five dollars for each item beyond one released or 121
assigned in addition to any other charges which may apply; 122
(7) For every certified copy of a marriage license or 123
application for a marriage license: two dollars; 124
(8) For duplicate copies of the records in a medium 125
other than paper, the recorder of deeds shall set a 126
reasonable fee not to exceed the costs associated with 127
document search and duplication; and 128
(9) For all other use of equipment, personnel services 129
and office facilities, the recorder of deeds may set a 130
reasonable fee. 131
92.720. 1. If any of the lands or town lots contained 1
in the back tax book or list of delinquent lands or lots 2
remain unredeemed on the first day of January, the collector 3
may file suit in the circuit court against such lands or 4
lots to enforce the lien of the state and city as herein 5
provided in sections 92.700 to 92.920. 6
2. The collector shall note opposite such tract in the 7
back tax book the fact that suit has been commenc ed. 8 SB 1190 6
3. The collector shall compile lists of all state, 9
city, school and other tax bills collectible by him which 10
are delinquent according to his records and he shall assign 11
a serial number to each parcel of real estate in each list 12
and if suit has been filed in the circuit court of the city 13
on any delinquent tax bill included in any list, the 14
collector shall give the court docket number of each suit. 15
4. The sheriff may appoint the collector and the 16
collector's deputies as deputy sheriffs, and when so 17
appointed they may serve all process in matters pertaining 18
to sections 92.700 to 92.920 with like effect as the sheriff 19
himself might do. 20
5. No action for recovery of taxes against real estate 21
shall be commenced, had or maintained, u nless action 22
therefor shall be commenced within five years after 23
delinquency. 24
6. For any improved parcel identified by a city 25
operating under sections 92.700 to 92.920 as being vacant, 26
the collector shall, within no more than two years after 27
delinquency, file suit in the circuit court against such 28
lands or lots to enforce the lien of the state and the city 29
as provided in sections 92.700 to 92.920. Failure of the 30
collector to bring suit within the time frame prescribed 31
herein shall not consti tute a defense or bar an action for 32
the collection of taxes as otherwise provided by this 33
section. 34
92.740. 1. A suit for the foreclosure of the tax 1
liens herein provided for shall be instituted by filing in 2
the appropriate office o f the circuit clerk and with the 3
land reutilization authority a petition, which petition 4
shall contain a caption, a copy of the list prepared by the 5 SB 1190 7
collector, and a prayer. Such petition without further 6
allegation shall be deemed to be sufficient. 7
2. The caption shall be in the following form: 8
3. The petition shall conclude with a prayer that all 18
tax liens upon such real estate be foreclosed; that the 19
court determine the amounts and priorities of all tax bills, 20
together with interest, penalties, costs, and attorney's 21
fees; that the court order such real estate to be sold by 22
the sheriff at public sale as provided by se ctions 92.700 to 23
92.920 and that thereafter a report of such sale be made by 24
the sheriff to the court for further proceedings under the 25
provisions of sections 92.700 to 92.920. 26
4. The petition when so filed shall have the same 27
force and effect with respect to each parcel of real estate 28
therein described as a separate suit instituted to foreclose 29
the tax lien or liens against any one of said parcels of 30
real estate. 31
5. For each petition filed, the collector shall make 32
available to the publ ic a list detailing each parcel 33
included in the suit. 34
92.750. 1. Except as otherwise provided in subsection 1
4 of this section, any person having any right, title , or 2
9 In the Circuit Court of ______ Missouri,
10 In the Matter of
11 Foreclosure of Liens for Delinquent Land Taxes
12 By Action in Rem.
13
14
Collector of Revenue of ______, Missouri, Plaintiff
15 -vs-
16
17
Parcels of Land Encumbered with Delinquent Tax
Liens, Defendants
SB 1190 8
interest in, or lien upon, any parcel of real estate 3
described in such petition may redeem such parcel of real 4
estate by paying to the collector all of the sums mentioned 5
therein, including principal, interest, penalties, 6
attorney's fees and costs then due, at any time prior to the 7
time of the foreclosure sale of such real estate by the 8
sheriff. 9
2. In the event of failure to redeem prior to the time 10
of the foreclosure sale by the sheriff, such person shall be 11
barred and forever foreclosed of all his right, title and 12
interest in and to the parcels of real estate described in 13
such petition. 14
3. Upon redemption, as permitted by this section, the 15
person redeeming shall be entitled to a certificate of 16
redemption from the collector describing the property in the 17
same manner as it is described in such pe tition, and the 18
collector shall thereupon note on his records the word 19
"redeemed" and the date of such payment opposite the 20
description of such parcel of real estate. 21
4. For any improved nonhomestead parcel, any person 22
having any right, title, or interest in, or lien upon, any 23
parcel of real estate described in the petition may redeem 24
such parcel of real estate at any time prior to the time of 25
the foreclosure sale of such real estate by the sheriff by 26
paying to the collector all of the sums du e as of the date 27
of redemption mentioned therein, including principal, 28
interest, penalties, attorney's fees, and costs then due 29
including, but not limited to, all debts owed to the city, 30
exclusive of any debts owed to any statutorily created sewer 31
district, that are known to the collector and that may be 32
collected pursuant to section 67.451, such as amounts for 33 SB 1190 9
water, forestry, nuisance abatement, special tax bills, and 34
vacant building assessments. 35
92.760. 1. The collector shall also cause to be 1
prepared and mailed in an envelope with postage prepaid, 2
within thirty days after the filing of such petition, a 3
brief notice of the filing of the suit, to the persons named 4
in the petition as [being the owners] having an interest in 5
the parcel, according to the records of the assessor for , or 6
otherwise known to the collector, the respective parcels of 7
real estate described in the petition. The notices shall be 8
sent to the addresses [of such persons upon the records of 9
the assessor] most likely to apprise the parties of the 10
proceedings as provided , and in the event that any name or 11
address does not appear on the records of the assessor, with 12
respect to any parcel of real estate, the collector shall so 13
state in an affidavit, gi ving the serial number of each 14
parcel of real estate affected. Such affidavit shall be 15
filed in the suit with the circuit clerk not later than 16
sixty days after the date of the first publication of the 17
notice of foreclosure. The failure of the collect or to mail 18
the notice as provided in this section shall invalidate any 19
proceedings brought pursuant to the provisions of sections 20
92.700 to 92.920. The failure of the collector to file the 21
affidavit as provided in this section shall not affect the 22
validity of any proceedings brought pursuant to the 23
provisions of sections 92.700 to 92.920. 24
2. Such notice shall be substantially as follows: 25
26 To the person to whom this notice is addressed:
27
28
29
30
According to [the] available records [in the
assessor's office], you [are the record owner as
to] have a legal interest in one or more parcels
of real estate described in a certain petition
SB 1190 10
31
32
33
34
35
36
37
38
39
40
41
42
bearing cause No. ______ (fill in number of case)
filed in the Circuit Court of ______, Missouri, at
______ (fill in city), on ______, 20______,
wherein a foreclosure of the lien of various
delinquent tax bills is sought and a court order
asked for the purpose of selling such real estate
at a public sale for payment of all delinquent tax
bills, together with interest, penalties,
attorney's fees and costs. Publication of notice
of such foreclosure was commenced on the ______
day of ______, 20______, in ______ (here insert
name of city), Missouri.
43
44
45
46
47
THE COLLECTOR OF THE CITY OF ______ (Insert name
of city) HAS FILED A LAWSUIT AGAINST YOUR
PROPERTY. THE LAWSUIT SAYS THAT YOU ARE BEHIND ON
YOUR PROPERTY TAXES. YOU COULD LOSE YOUR PROPERTY
IF YOU DON'T DO ANYTHING ABOUT THIS.
48
49
50
51
52
53
54
YOU HAVE A RIGHT TO ENTER INTO AN AGREEMENT WITH
THE COLLECTOR TO BRING YOUR TAXES UP TO DATE. YOU
MAY CONTACT THE COLLECTOR BY CALLING ______
(Insert telephone number of collector). IF YOU DO
NOT UNDERSTAND THIS NOTICE, OR YOU DO NOT KNOW
WHAT TO DO, YOU MAY CALL THIS OFFICE FOR FURTHER
EXPLANATION OR SEE A LAWYER RIGHT AWAY.
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
Unless all delinquent taxes be paid upon the
parcels of real estate described in such petition
and such real estate redeemed prior to the time of
the foreclosure sale of such real estate by the
sheriff, the owner or any person claiming any
right, title or interest in or to, or lien upon,
any such parcels of real estate shall be forever
barred and foreclosed of all right, title and
interest and equity of redemption in and to such
parcels of real estate; except that any such
persons shall have the right to file an answer in
said suit on or before the ______ day of ______,
20______, in the office of the Circuit Clerk and a
copy thereof to the Collector, setting forth in
detail the nature and amount of the interest and
any defense or objection to the foreclosure. Dated
______
SB 1190 11
92.765. Affidavits of publication of notice of 1
foreclosure, and of posting, mailing, or other acts required 2
by the provisions of sections 92.700 to 92.920 sha ll be 3
filed in the office of the circuit clerk prior to the trial, 4
and when so filed shall constitute part of the evidentiary 5
documents in the foreclosure suit. Such affidavits shall be 6
prima facie evidence of the performance of acts therein 7
described, and may be so used in the trial of the suit, 8
unless challenged by verified answer duly filed in the 9
suit. The collector shall file with the court an affidavit 10
of compliance with notice requirements of sections 92.700 to 11
92.920 prior to any sheriff' s sale. The affidavit shall 12
include the identities of all parties to whom notice was 13
attempted and by what means. In the case of mailed notice 14
returned undeliverable, the collector's affidavit shall 15
certify that additional notice was attempted and by what 16
means. The expense of complying with this section shall be 17
taxed and collected as other costs in the suit. 18
92.770. 1. The collector may employ such attorneys as 1
he deems necessary to collect such taxes and to prosecute 2
suits for taxes. 3
2. Such attorneys shall receive as total compensation 4
a sum, not to exceed six percent of the amount of taxes 5
actually collected and paid into the treasury, and an 6
additional sum not to exceed two dollars for each suit filed 7
72 __________________
73 Collector of Revenue
74 ______, Missouri
75 (Name of City)
76 Address ______ SB 1190 12
when publication is not necessary and not to exceed five 8
dollars where publication is necessary, as may be agreed 9
upon in writing and approved by the collector, before such 10
services are rendered. 11
3. The [attorney] attorney's fees shall be taxed as 12
costs in the suit and collected as other costs. 13
92.775. 1. Upon the trial of the cause upon the 1
question of foreclosure, the tax bill shall be prima facie 2
proof that the tax described in the tax bill has been 3
validly assessed at the time i ndicated by the tax bill and 4
that the tax is unpaid. Any person alleging any 5
jurisdictional defect or invalidity in the tax bill or in 6
the sale thereof must particularly specify in his answer the 7
defect or basis of invalidity, and must, upon trial, 8
affirmatively establish such defense. 9
2. After the court has first determined the validity 10
of the tax liens of all tax bills affecting parcels of real 11
estate described in the petition, the priorities of the 12
respective tax bills and the amounts due thereon, including 13
principal, interest, penalties, attorney's fees, and costs, 14
the court shall thereupon enter judgment of foreclosure of 15
such liens and fix the time and place of the foreclosure 16
sale. The petition shall be dismissed as to any parcel o f 17
real estate redeemed prior to the time fixed for the 18
sheriff's foreclosure sale as provided in sections 92.700 to 19
92.920. If the parcel of real estate auctioned off at 20
sheriff's foreclosure sale is sold for a sum sufficient to 21
fully pay the princip al amount of all tax bills included in 22
the judgment, together with interest, penalties, attorney's 23
fees and costs, and for no more, and such sale is confirmed 24
by the court, then all other proceedings as to such parcels 25
of real estate shall be finally d ismissed as to all parties 26 SB 1190 13
and interests other than tax bill owners or holders; 27
provided, however, that any parties seeking relief other 28
than an interest in or lien upon the real estate may 29
continue with said suit to a final adjudication of such 30
other issues; provided, further, an appeal may be had as to 31
any claim attacking the validity of the tax bill or bills or 32
the priorities as to payment of proceeds of foreclosure 33
sale. If the parcel of real estate auctioned off at 34
sheriff's foreclosure sale is sold for a sum greater than 35
the total amount necessary to pay the principal amount of 36
all tax bills included in the judgment, together with 37
interest, penalties, attorney's fees and costs, and such 38
sale is confirmed by the court, and no appeal is tak en by 39
any person claiming any right, title or interest in or to or 40
lien upon said parcel of real estate or by any person or 41
taxing authority owning or holding or claiming any right, 42
title or interest in or to any tax bills within the time 43
fixed by law for the filing of notice of appeal, the court 44
shall thereupon order the sheriff to make distribution to 45
the owners or holders of the respective tax bills included 46
in the judgment of the amounts found to be due and in the 47
order of priorities. Thereafter all proceedings in the suit 48
shall be ordered by the court to be dismissed as to such 49
persons or taxing authorities owning, holding or claiming 50
any right, title or interest in any such tax bill or bills 51
so paid, and the case shall proceed as to any p arties 52
claiming any right, title, or interest in or lien upon the 53
parcel of real estate affected by such tax bill or bills as 54
to their respective claims to such surplus funds then 55
remaining in the hands of the sheriff. The receipt of such 56
surplus funds shall constitute a bar to any claim of right, 57 SB 1190 14
title, or interest in, or lien upon, said parcel of real 58
estate, by the fund recipient. 59
3. Whenever an answer is filed to the petition, as 60
herein provided, a severance of the action as to all parcel s 61
of real estate affected by such answer shall be granted, and 62
the issues raised by the petition and such answer shall be 63
tried separate and apart from the other issues in the suit, 64
but the granting of such severance shall not delay the trial 65
or other disposition of any other issue in the case. A 66
separate appeal may be taken from any other issue in the 67
case. A separate appeal may be taken from any action of the 68
court affecting any right, title or interest in or to, or 69
lien upon, such real estate, other than issues of law and 70
fact affecting the amount or validity of the lien of tax 71
bills, but the proceeding to foreclose the lien of any tax 72
bills shall not be stayed by such appeal. The trial shall 73
be conducted by the court without the aid of a jury and the 74
suit shall be in equity. This action shall take precedence 75
over and shall be triable before any other action in equity 76
affecting the title to such real estate, upon motion of any 77
interested party. 78
92.810. 1. After the judgment of foreclosure has been 1
entered, or, after a motion for a new trial has been 2
overruled, or, if an appeal be taken from such judgment and 3
the judgment has been affirmed, after the sheriff shall have 4
been notified by any party to the suit that such judgment 5
has been affirmed on appeal and that the mandate of the 6
appellate court is on file with the circuit clerk, there 7
shall be a waiting period of six months before any 8
advertisement of sheriff's sale shall be published. 9
2. If any such parcel of real estate be not redeemed, 10
or if no written contract providing for redemption be made 11 SB 1190 15
within six months after the date of the judgment of 12
foreclosure, if no motion for rehearing be filed, and, if 13
filed, within six months after such motion ma y have been 14
overruled, or, if an appeal be taken from such judgment and 15
the judgment be affirmed, within six months after the 16
sheriff shall have been notified by any party to the suit 17
that such judgment has been affirmed on appeal and that the 18
mandate of the appellate court is on file with the circuit 19
clerk, the sheriff shall, after giving the [notice] notices 20
required by [subsection 3] subsections 4 and 5 of this 21
section, commence to advertise the real estate described in 22
the judgment and shall fi x the date of sale within thirty 23
days after the date of the first publication of the notice 24
of sheriff's sale as herein provided, and shall at such sale 25
proceed to sell the real estate. 26
3. No later than one hundred twenty days prior to the 27
sheriff's sale, the collector shall obtain a title abstract 28
or report on any unredeemed parcels. Such title abstract or 29
report shall be obtained from a licensed title company or 30
attorney and subject to a public and competitive bidding 31
process administered b y the collector and conducted 32
triennially. The title report shall include all 33
conveyances, liens, and charges against the real estate, and 34
the names and mailing addresses of any interested parties 35
and lienholders. The charges of said abstract or repo rt 36
shall be taxed as costs and shall be paid as other costs in 37
the case. 38
4. No later than twenty days prior to the sheriff's 39
sale, the collector shall send notice of the sale to the 40
lienholders and interested parties, as disclosed upon the 41
title abstract or report of the real estate for which tax 42
bills thereon are delinquent. The notice shall provide the 43 SB 1190 16
date, time, and place of the sale. The notice shall also 44
state that the parcel may be redeemed prior to the sale as 45
specified in section 9 2.750 or by entering into an agreement 46
with the collector to pay the taxes included in the 47
foreclosure suit under section 92.740. The notice required 48
by this subsection shall be mailed in an envelope with 49
postage prepaid. The cost of the mailing and notice as 50
required by this subsection shall be included as costs in 51
the case. 52
5. No later than [twenty] forty days prior to the 53
sheriff's sale, the [sheriff] collector shall send notice of 54
the sale to the [owner or owners,] parties having interes t 55
in the parcel as disclosed upon the records of the assessor , 56
or otherwise known to the collector, of the real estate for 57
which tax bills thereon are delinquent. [The search of the 58
records of the assessor must be made not more than forty 59
days prior to the sending of this notice ] The notice shall 60
be sent to the addresses most likely to apprise the parties 61
of the proceedings as provided . The notice shall provide 62
the date, time and place of the sale. The notice shall also 63
state that [the property owner] an interested party may 64
avoid the sale by redeeming such parcel of real estate prior 65
to the sale as specified in section 92.750 or , if 66
applicable, by entering into an agreement with the collector 67
to pay the taxes included in the foreclosure suit under 68
section 92.740. The notice required by this subsection 69
shall be mailed in an envelope with postage prepaid. The 70
cost of [the title search,] mailing and notice as required 71
by this subsection shall be included as costs [at the sale 72
of the real estate] in the case. 73
6. No later than twenty days prior to the sheriff's 74
sale, the sheriff shall enter upon the parcel subject to 75 SB 1190 17
foreclosure of these tax liens and post a written 76
informational notice in a conspicuous location, attached to 77
a structure, and intended to be visible by the nearest 78
public right-of-way. This notice shall describe the 79
property; shall advise that it is the subject of delinquent 80
land tax collection proceedings brought pursuant to sections 81
92.700 to 92.920 and that i t may be sold for the payment of 82
delinquent taxes at a sale to be held at a certain time, 83
date, and place; and shall contain the serial number and the 84
phone number and address of the collector, as well as a 85
statement of the prohibition against removal unless the 86
parcel has been redeemed. The notice shall be not less than 87
eight inches by ten inches and shall be laminated or 88
otherwise sufficiently weatherproofed to withstand normal 89
exposure to rain, snow, and other conditions. The sheriff 90
shall document, by time-stamped photograph, compliance with 91
this section, make said documentation generally available 92
upon request, and provide verification by affidavit of 93
compliance with this section. The cost of notice as 94
required by this subsection shall b e included as costs in 95
the case. 96
7. In addition to the other notice requirements of 97
this section, no later than twenty days prior to the 98
sheriff's sale, the sheriff shall attempt in -person notice 99
that shall describe the property; that shall advis e that it 100
is the subject of delinquent land tax collection proceedings 101
brought pursuant to sections 92.700 to 92.920 and that it 102
may be sold for the payment of delinquent taxes at a sale to 103
be held a certain time, date, and place; and that shall 104
contain the serial number and phone number and address of 105
the collector. In-person notice may be provided to any 106
person found at the property. The sheriff shall note the 107 SB 1190 18
date and time of attempted notice and the name, description, 108
or other identifying inf ormation regarding the person to 109
whom notice was attempted. The sheriff shall document 110
compliance with this section, make said documentation 111
generally available upon request, and provide verification 112
by affidavit of compliance with this section. The cost of 113
notice as required by this subsection shall be included as 114
costs in the case. 115
[4.] 8. Notwithstanding the provisions of this section 116
to the contrary, any residential property which has not been 117
redeemed by the end of the waiting period re quired by this 118
section which has been determined to be of substandard 119
quality or condition under the standards established by the 120
residential renovation loan commission pursuant to sections 121
67.970 to 67.983 may, upon the request of the residential 122
renovation loan commission, be transferred to the 123
residential renovation loan commission for the purpose of 124
renovation of the property. Any such property transferred 125
pursuant to this subsection shall be renovated and sold by 126
the residential renovation lo an commission in the manner 127
prescribed in sections 67.970 to 67.983. The residential 128
renovation loan commission shall reimburse the land 129
reutilization authority for all expenses directly incurred 130
in relation to such property under sections 92.700 to 9 2.920 131
prior to the transfer. 132
92.815. 1. During such waiting period and at any time 1
prior to the time of foreclosure sale by the sheriff, any 2
interested party may redeem any parcel of real estate as 3
provided by sections 92.700 to 92 .920; except that during 4
such time and at any time prior to the time of foreclosure 5
sale by the sheriff, the collector shall enter into a 6
written redemption contract with the owner of any real 7 SB 1190 19
estate occupied as a homestead and who has not previously 8
defaulted upon any such written redemption contract, 9
provided that in no instance shall such installments exceed 10
twelve in number or extend more than twenty -four months next 11
after any agreement for such installment payments shall have 12
been entered into; provided further, that upon good cause 13
being shown by the owner of any parcel of real estate 14
occupied as a homestead, or in the case of improved real 15
estate with a total assessed valuation of not more than five 16
thousand dollars, owned by an individua l, the income from 17
such property being a major factor in the total income of 18
such individual, or by anyone on his behalf, the court may, 19
in its discretion, fix the time and terms of payment in such 20
contract to permit all of such installments to be paid 21
within not longer than forty -eight months after any order or 22
agreement as to installment payments shall have been made. 23
The collector shall not enter into a redemption contract 24
with respect to any improved parcel not occupied as a 25
homestead. 26
2. So long as such installments be paid according to 27
the terms of the contract, the six months' waiting period 28
shall be extended, but if any installment be not paid when 29
due, the extension of the waiting period shall be ended and 30
the real estate shall i mmediately be advertised for sale or 31
included in the next notice of sheriff's foreclosure sale. 32
Notice shall also be sent to the redemption contract [payor] 33
payer as specified in subsection [3] 4 of section 92.810. 34
3. On an annual basis, the coll ector shall make 35
publicly available the number of parcels under redemption 36
contract under this section. 37
92.817. 1. The court shall stay the sale of any 1
parcel to be sold under execution of a tax foreclosure 2 SB 1190 20
judgment obtained under this chapter, which is the subject 3
of an action filed under sections 447.620 to 447.640, 4
provided that the party that has brought such an action has, 5
upon an order of the court, paid into the circuit court the 6
principal amount of all land taxes then du e and owing under 7
the tax foreclosure judgment, exclusive of penalties and 8
interest, prior to the date of any proposed sale under 9
execution. 10
2. Upon the granting by the court of temporary 11
possession of any property under section 447.632, upon 12
order, the circuit court shall direct payment to the 13
collector of all principal land taxes theretofore paid to 14
the circuit court. In addition, in any order granting a 15
final judgment or deed under section 447.625 or 447.640, the 16
court shall also order th e permanent extinguishment of 17
penalties and interest arising from actions to collect 18
delinquent land taxes due on the parcel against the grantee 19
of said deed, and all successors in interest; excepting 20
however, any defendant in such action. 21
3. If an owner of the parcel moves the court for 22
restoration of possession under section 447.638, the owner 23
shall pay into the circuit court all land tax amounts 24
currently due and owing on the property, including all 25
statutory penalties, interest, attorney's fees, and court 26
costs retroactive to the date of accrual. Upon an order 27
granting the restoration of possession to an owner under 28
section 447.638, the court shall order that the funds paid 29
to the court under subsection 2 of this section be returned 30
to the payer, and that the funds paid to the court under 31
this subsection be paid out to the collector. 32
4. If the party that brought the action under sections 33
447.620 to 447.640 dismisses its action prior to gaining 34 SB 1190 21
temporary possession of the prope rty, it shall recover any 35
amounts paid into the circuit court prior to that date for 36
principal land taxes. 37
92.825. 1. The sale shall be conducted, the sheriff's 1
return thereof made, and the sheriff's deed pursuant to the 2
sale executed, all as provided in the case of sales of real 3
estate taken under execution except as otherwise provided in 4
sections 92.700 to 92.920, and provided that such sale need 5
not occur during the term of court or while the court is in 6
session. 7
2. Such sale shall convey the whole interest of every 8
person having or claiming any right, title or interest in or 9
lien upon such real estate, whether such person has answered 10
or not, subject to rights -of-way thereon of public utilities 11
upon which tax has be en otherwise paid, and subject only to 12
the tax lien thereon, if any, of the United States of 13
America. 14
3. The collector shall advance from current tax 15
collections the sums necessary to pay for the publication of 16
all advertisements required by the provisions of sections 17
92.700 to 92.920 and shall be allowed credit therefor in his 18
accounts with the taxing authorities on a pro rata basis. 19
He shall give credit in such accounts for all such advances 20
recovered by him. Such expenses of publication s hall be 21
apportioned pro rata among and taxed as costs against the 22
respective parcels of real estate described in the judgment; 23
provided, however, that none of the costs herein enumerated, 24
including the costs of publication, shall constitute any 25
lien upon the real estate after such sale. 26
4. No person shall be eligible to bid at the time of 27
the sheriff's sale unless such person has, no later than ten 28
days before the sale date, demonstrated to the satisfaction 29 SB 1190 22
of the collector or sheriff that the person is not the owner 30
of any parcel of real estate in the city that is subject to 31
delinquent property taxes, unpaid special tax bills, or 32
vacant building fees. A prospective bidder shall be 33
prohibited from participating in the delinquent land tax 34
sale if he or she has previously bid at a sheriff's sale and 35
failed to pay bid amounts, confirm the sale, or sign a 36
sheriff's deed. The collector or sheriff may require 37
prospective bidders to submit an affidavit attesting to the 38
requirements of this s ection and is expressly authorized to 39
permanently preclude any prospective bidder from 40
participating in the sale for failure to comply with this 41
section. Notwithstanding the provisions of this section, 42
any taxing authority or land reutilization author ity shall 43
be eligible to bid at any sale conducted under this section 44
without making such a demonstration. The purchaser at a 45
sale conducted by the sheriff shall pay cash immediately at 46
the end of bidding of each parcel on the day of the sale in 47
an amount including all taxes then due and owing, which may 48
be in an amount in excess of or less than the judgment 49
amount, and other costs, exclusive of any amounts for debts 50
owed to any statutorily created sewer district [as otherwise 51
provided by law]. 52
92.835. 1. The title to any real estate which shall 1
vest in the land reutilization authority under the 2
provisions of sections 92.700 to 92.920 shall be held by the 3
land reutilization authority of the city in trust for the 4
tax bill owners and taxing authorities having an interest in 5
any tax liens which were foreclosed, as their interests may 6
appear in the judgment of foreclosure. 7
2. The title to any real estate which shall vest in 8
any purchaser, upon confirmation of such sa le by the court, 9 SB 1190 23
shall be an absolute estate in fee simple, subject to rights - 10
of-way thereon of public utilities on which tax has been 11
otherwise paid, and subject to any tax lien thereon of the 12
United States of America, if any, and all persons, includi ng 13
the state of Missouri, any taxing authority or tax district 14
as defined herein, judgment creditors, lienholders, minors, 15
incapacitated and disabled persons, and nonresidents who may 16
have had any right, title, interest, claim, or equity of 17
redemption in or to, or lien upon, such lands shall be 18
barred and forever foreclosed of all such right, title, 19
interest, claim, lien or equity of redemption, and the court 20
shall order immediate possession of such real estate be 21
given to such purchaser [; provided, however, that such title 22
shall also be subject to the liens of any tax bills which 23
may have attached to such parcel of real estate prior to the 24
time of the filing of the petition affecting such parcel of 25
real estate not then delinquent, or which may have attached 26
after the filing of the petition and prior to sheriff's sale 27
and not included in any answer to such petition, but ]. If 28
such parcel of real estate is sold to the land reutilization 29
authority the title thereto shall be free of any [such] 30
liens to the extent of the interest of any taxing authority 31
in such real estate; provided further, that such title shall 32
not be subject to the lien of special tax bills [which has 33
attached to the parcel of real estate prior to January 1, 34
1972, but the lien of such special tax bills shall attach to 35
the proceeds of the sheriff's sale or to the proceeds of the 36
ultimate sale of such parcel by the land reutilization 37
authority]. 38
92.840. 1. Within six months after the sheriff sells 1
any parcel of real estate, the court shall, upon its own 2
motion or upon motion of any interested party, set the cause 3 SB 1190 24
down for hearing to confirm or set aside the foreclosure 4
sale of the real estate, even though such parcels are not 5
all of the parcels of real estate described in the notice of 6
sheriff's foreclosure sale. Notice of the hearing shall be 7
sent by any interested party, or the court, moving to 8
confirm the foreclosure sale, to each person who [received] 9
was sent notice of sale as specified in [subsection 3] 10
subsections 4 and 5 of section 92.810 and to any other 11
necessary parties as required by prevailing notions of due 12
process. At the time of such hearing, the sheriff shall 13
make report of the sale, and the court shall hear evidence 14
of the value of the property offered on behalf of any 15
interested party to the suit, and shall immediately 16
determine whether an adequate consideration has been paid 17
for each such parcel. Any parcel deemed to have been 18
purchased by the land reutilization aut hority pursuant to 19
section 92.830 shall not require any inquiry as to value. 20
The court's judgment shall include a specific finding that 21
adequate notice was provided to all necessary parties 22
pursuant to prevailing notions of due process and sections 23
92.700 to 92.920, reciting the notice efforts of the 24
collector, sheriff, and tax sale purchaser. Nothing in this 25
section shall be interpreted to preclude a successful tax 26
sale purchaser from asserting a claim to quiet title to the 27
bid upon parcel pursu ant to section 527.150. 28
2. For this purpose, the court shall have power to 29
summon any city official or any private person to testify as 30
to the reasonable value of the property, and if the court 31
finds that adequate consideration has been paid, he s hall 32
confirm the sale and order the sheriff to issue a deed with 33
restriction as provided herein to the purchaser subject to 34
the application of an occupancy permit for all parcels as 35 SB 1190 25
provided in subsection [5] 7 of this section. If the court 36
finds that the consideration paid is inadequate, the 37
purchaser may increase his bid to such amount as the court 38
may deem to be adequate, whereupon the court may confirm the 39
sale. If, however, the purchaser declines to increase his 40
bid and make such additional payment, then the sale shall be 41
disapproved, the lien of the judgment continued, and such 42
parcel of real estate shall be again advertised and offered 43
for sale by the sheriff to the highest bidder at public 44
auction for cash at any subsequent sheriff's f oreclosure 45
sale. 46
3. If the sale is confirmed, the court shall order the 47
proceeds of the sale applied in the following order: 48
(1) To the payment of the costs of the publication of 49
the notice of foreclosure and of the sheriff's foreclosure 50
sale; 51
(2) To the payment of all of the collector and 52
sheriff's costs including appraiser's fee and attorney's 53
fees; 54
(3) To the payment of all tax bills adjudged to be due 55
in the order of their priority, including principal, 56
interest and penalties thereon. If, after such payment, 57
there is any sum remaining of the proceeds of the sheriff's 58
foreclosure sale, the court shall thereupon try and 59
determine the other issues in the suit in accordance with 60
section 92.775. If any answering parties h ave specially 61
appealed as provided in section 92.845, the court shall 62
retain the custody of such funds pending disposition of such 63
appeal, and upon disposition of such appeal shall make such 64
distribution. If there are not sufficient proceeds of the 65
sale to pay all claims in any class described, the court 66 SB 1190 26
shall order the same to be paid pro rata in accordance with 67
the priorities. 68
4. If there are any funds remaining of the proceeds 69
after the sheriff's sale and after the distribution of such 70
funds as set out in this section and no person entitled to 71
any such funds, whether or not a party to the suit, shall, 72
within two years after such sale, appear and claim the 73
funds, [they] ten percent shall be distributed to the 74
affordable housing trust fu nd or equivalent of such city 75
operating under sections 92.700 to 92.920 for purposes that 76
promote the reduction and prevention of vacant properties, 77
with the remainder to be distributed to the appropriate 78
taxing authorities. 79
5. Any city operating under the provisions of sections 80
92.700 to 92.920, by ordinance, may elect to allocate a 81
portion of its share of the proceeds of the sheriff's sale 82
towards a fund for the purpose of defending against claims 83
challenging the sufficiency of notice provis ions under this 84
section. 85
6. For the purpose of this section, the term 86
"occupancy permit" shall mean the certificate of [use and] 87
inspection or occupancy permit for residential or commercial 88
structures as provided for in the revised municipal code of 89
any city not within a county, which now has or may hereafter 90
have a population in excess of three hundred thousand 91
inhabitants. 92
[6.] 7. If there is a building or structure on the 93
parcel, the purchaser shall apply for an occupancy permit 94
from the city or appropriate governmental agency within ten 95
days after the confirmation hearing. Any purchaser who is a 96
public corporation acting in a governmental capacity shall 97
not be required to acquire the occupancy permit. When a 98 SB 1190 27
parcel, acquired at a sheriff sale, containing a building is 99
sold from a public corporation acting in a governmental 100
capacity, the subsequent purchaser shall be required to 101
apply for the occupancy permit. Failure to apply for such 102
occupancy permit within ten days after confirmation shall 103
result in the sale and confirmation being immediately set 104
aside by the motion of any interested party and that parcel 105
shall again be advertised and offered for sale by the 106
sheriff to the highest bidder at public auction for cash at 107
any subsequent sheriff foreclosure sale. 108
[7.] 8. The sheriff shall include a deed restriction 109
in the sheriff's deed, issued after confirmation and after 110
the application of an occupancy permit for any parcel 111
containing a building or structure. The deed restriction 112
shall state that the purchasers at the sheriff's sale who 113
had the property confirmed and who applied for an occupancy 114
permit shall obtain an occupancy permit for the building or 115
structure from the appropriate governmental agency prior to 116
any subsequent transfer or sale of this property. This deed 117
restriction shall not exist as a lien against such real 118
estate [while the purchasers hold same in the amount of five 119
thousand dollars]. The purchasers of the property at the 120
sheriff sale who had the property confirmed and applied for 121
the occupancy permit shall agree that in the event of their 122
failure to obtain an occupancy permit prior to any 123
subsequent transfer of the property, they shall pay to the 124
sheriff the sum of five thousand dollars as fixed, 125
liquidated and ascertained damages without proof of loss or 126
damages. These damages shall not constitute a lien on 127
property, and the sheriff shall have the discretionary power 128
to file a lawsuit against such purchaser for collection of 129
these liquidated damages. These liquidated damages shall be 130 SB 1190 28
distributed on a prorated basis to the appropriate taxing 131
authority after the sheriff deducts all costs, expenses and 132
[attorney] attorney's fees for such lawsuits. The sheriff 133
may employ attorneys as he deems necessary to collect 134
liquidated damages. 135
9. If any sale is not confirmed within six months 136
after the sale, any set -aside of the sale may, at the 137
discretion of the court or collector, include a penalty of 138
twenty-five percent of the bid amount over and above the 139
opening bid amount, and such penalty shall be directed to 140
the affordable housing trust fund or the equivalent, if any, 141
of a city operating under sections 92.700 to 92.920. 142
10. Any interested party, other than th e sheriff's 143
sale purchaser, who moves the court to set aside a sheriff's 144
sale after the issuance of a sheriff's deed made under the 145
provisions of sections 92.700 to 92.920 shall be required to 146
pay into the court the redemption amount otherwise necessar y 147
under section 92.750 prior to the court hearing any such 148
motion to set aside. The court may hear any motion to 149
confirm brought under the terms of this section if the 150
redemption amount is not paid by the interested party moving 151
the court to set asid e the sale. 152
92.852. Any sheriff's deed given pursuant to the 1
municipal land reutilization law shall be subject to a 2
recording fee for the costs of recording the deed that shall 3
be assessed and collected from the purchaser of the prop erty 4
at the same time the proceeds from the sale are collected. 5
All such deeds shall be recorded at the office of the 6
recorder of deeds within two months after the [sheriff's 7
deed is given] court confirms the sale, if no proceeding to 8
set aside the confirmation judgment is before the court . 9 SB 1190 29
92.855. Each sheriff's deed given pursuant to the 1
provisions of the municipal land reutilization law shall be 2
[presumptive] prima facie evidence that the suit and all 3
proceedings therein and all proceedings prior thereto from 4
and including assessment of the lands affected thereby and 5
all notices required by law were regular and in accordance 6
with all provisions of the law relating thereto. [After two 7
years from the date of the recording o f such sheriff's deed, 8
the presumption shall be conclusive, unless at the time that 9
this section takes effect the two -year period since the 10
recording of such sheriff's deed has expired, or less than 11
six months of such period of two years remains unexpi red, in 12
which latter case the presumption shall become conclusive 13
six months after September 28, 1971. No suit to set aside 14
or to attack the validity of any such sheriff's deed shall 15
be commenced or maintained unless the suit is filed prior to 16
the time that the presumption becomes conclusive, as 17
aforesaid.] 18
442.130. 1. All deeds or other conveyances of lands, 1
or of any estate or interest therein, shall be subscribed by 2
the party granting the same, or by his lawful agent, and 3
shall be acknowledged or proved and certified in the manner 4
herein prescribed. 5
2. All written instruments conveying real estate or 6
any interest in real estate shall state whether any natural 7
person acting as grantors, mortgagors, or other parties 8
executing the instrument are married or unmarried. 9