Effective - 28 Aug 2022, 3 histories
140.190. Period of sale — manner of bids — prohibited sales — sale to nonresidents — restrictions, City of St. Joseph. — 1. On the day mentioned in the notice, the county collector shall commence the sale of such lands, and shall continue the same from day to day until each parcel assessed or belonging to each person assessed shall be sold as will pay the taxes, interest and charges thereon, or chargeable to such person in said county.
2. The person or land bank agency offering at said sale, whether in person or by electronic media, to pay the required sum for a tract shall be considered the purchaser of such land; provided, no sale shall be made to any person or designated agent who is currently delinquent on any tax payments on any property, other than a delinquency on the property being offered for sale, and who does not sign an affidavit stating such at the time of sale. Failure to sign such affidavit as well as signing a false affidavit may invalidate such sale. No bid shall be received from any person not a resident of the state of Missouri or a foreign corporation or entity all deemed nonresidents. A nonresident shall file with said collector an agreement in writing consenting to the jurisdiction of the circuit court of the county in which such sale shall be made, and also filing with such collector an appointment of some citizen of said county as agent of said nonresident, and consenting that service of process on such agent shall give such court jurisdiction to try and determine any suit growing out of or connected with such sale for taxes. After the delinquent auction sale, any certificate of purchase shall be issued to the agent. After meeting the requirements of section 140.405, the property shall be conveyed to the agent on behalf of the nonresident, and the agent shall thereafter convey the property to the nonresident.
3. All such written consents to jurisdiction and selective appointments shall be preserved by the county collector and shall be binding upon any person or corporation claiming under the person consenting to jurisdiction and making the appointment herein referred to; provided further, that in the event of the death, disability or refusal to act of the person appointed as agent of said nonresident the county clerk shall become the appointee as agent of said nonresident.
4. No person residing in any home rule city with more than seventy-one thousand but fewer than seventy-nine thousand inhabitants shall be eligible to offer to purchase lands under this section unless such person has, no later than ten days before the sale date, demonstrated to the satisfaction of the official charged by law with conducting the sale that the person is not the owner of any parcel of real property that has two or more violations of the municipality's building or housing codes. A prospective bidder may make such a demonstration by presenting statements from the appropriate collection and code enforcement officials of the municipality. This subsection shall not apply to any taxing authority or land bank agency, and entities shall be eligible to bid at any sale conducted under this section without making such a demonstration.
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(RSMo 1939 § 11127, A.L. 1996 H.B. 1469 merged with S.B. 914, A.L. 2003 S.B. 295, A.L. 2010 H.B. 1316, A.L. 2019 H.B. 821, A.L. 2022 H.B. 1606)
(2017) Section does not give the county collector the discretion or authority to unilaterally exclude potential bidders from tax sales who otherwise satisfy statutory qualifications. State ex rel. Yoest v. McEvoy, 529 S.W.3d 383 (Mo.App.W.D.).
Structure Missouri Revised Statutes
Title X - Taxation and Revenue
Chapter 140 - Collection of Delinquent Taxes Generally
Section 140.010 - County collector — enforcement of state's lien.
Section 140.030 - Collector to make delinquent lists.
Section 140.040 - Correction of delinquent lists by county commission — certified to whom.
Section 140.060 - Back tax book — contents — interest.
Section 140.070 - Delinquent real estate taxes extended into back tax book.
Section 140.080 - County clerk and collector, comparison of lists — clerk's certification.
Section 140.090 - Back tax book to be in alphabetical order.
Section 140.110 - Collection of back taxes, payments applied, how, exceptions — removal of lien.
Section 140.115 - Lien prohibited on property in back tax book, when.
Section 140.120 - May compromise back taxes.
Section 140.130 - Examination of back tax books by board of equalization.
Section 140.140 - Collector — reports.
Section 140.150 - Lands, lots, mineral rights, and royalty interests subject to sale, when.
Section 140.160 - Limitation of actions, exceptions — county auditor to annually audit.
Section 140.180 - Lawful abbreviations.
Section 140.195 - Entry on property not trespass, when.
Section 140.220 - County clerk to act as clerk of sale — fee.
Section 140.240 - Second offering of delinquent lands and lots.
Section 140.260 - Purchase by county or city, when — procedure.
Section 140.270 - Appointment of substitute or successor trustee — when and by whom.
Section 140.280 - Payment of total amount by purchaser — penalty for failure.
Section 140.290 - Certificate of purchase — contents — fee — nonresidents.
Section 140.300 - Collector, written guaranty — action on — damages.
Section 140.310 - Possession by purchaser, when — rents — rights of occupant and purchaser.
Section 140.320 - Payment of taxes by purchaser — forfeiture.
Section 140.330 - Suit to quiet title — duty of court where title invalid.
Section 140.340 - Redemption, when — manner.
Section 140.350 - Redemption by minors and incapacitated or disabled persons, when.
Section 140.360 - Redemption — compensation for improvements — limitations.
Section 140.370 - Redemption — record of sale.
Section 140.380 - Redemption by drainage, levee or improvement district — procedure.
Section 140.420 - Deed to purchaser if unredeemed.
Section 140.430 - Deed to heirs in case of purchaser's death.
Section 140.440 - Payment of taxes by holder of purchase certificate — subsequent certificate.
Section 140.450 - Cancellation and filing of certificate — proof of loss.
Section 140.460 - Execution of conveyance — form.
Section 140.470 - Variations from form.
Section 140.480 - Record of land sold kept by collector.
Section 140.490 - Action by damaged party against collector.
Section 140.500 - Mistake in name not to invalidate sale.
Section 140.510 - Form not to affect validity — presumption of validity.
Section 140.520 - Irregularity and omissions not to invalidate proceedings.
Section 140.530 - Invalidity of sale, when.
Section 140.540 - Invalidity of sale — refund of purchase money — tolling of statute.
Section 140.550 - Transfer of lien in case of invalid deed.
Section 140.560 - Release of lien by holder upon payment.
Section 140.570 - Lien in full force in certain cases when conveyance is invalid.
Section 140.580 - Action for the recovery of possession.
Section 140.590 - Suits against purchaser of tax lands to be brought within three years.
Section 140.600 - Suit to set aside tax deeds — actual tender not necessary.
Section 140.610 - Proof by claimant of invalidity of sale.
Section 140.620 - County records, prima facie evidence — moneys paid to successor.
Section 140.630 - Defendant may make claim for taxes paid — not to affect other defenses.
Section 140.640 - Personal judgments not authorized.
Section 140.665 - Law applies to counties and cities and certain officers.
Section 140.670 - City delinquent taxes, when returned — duties of collector.
Section 140.680 - Power to collect such taxes.
Section 140.690 - Such taxes a lien.
Section 140.710 - To be embodied in list with state and county taxes.
Section 140.720 - Collector to furnish statement to city — fees.
Section 140.722 - Conveyances subject to covenants and easements.
Section 140.730 - Procedure for collection of personal taxes.
Section 140.740 - Notification to delinquent taxpayer — fee.
Section 140.750 - Commission allowed on collection of revenue.
Section 140.850 - Contracts with private attorneys or collection agencies for assistance.
Section 140.980 - Citation of law — definitions.
Section 140.982 - Organization, duties, and powers.
Section 140.983 - Powers of land bank agency.
Section 140.984 - Agency income to be tax exempt — acquisition of property, requirements.
Section 140.987 - Sale of property, buyer must own for three years — violation, civil liability.
Section 140.991 - Annual audit, when — performance audit, when.
Section 140.997 - Meeting requirements.
Section 140.1003 - Agency to have complete control of property.
Section 140.1006 - Tax lien on agency property, taxing authority contribution authorized.
Section 140.1009 - Quiet title action permitted, procedure.
Section 140.1012 - Dissolution of agency, procedure.
Section 140.1015 - Eminent domain, agency not authorized to exercise — no power to tax.