Effective - 28 Aug 2018, 3 histories
140.230. Foreclosure sale surplus — deposited in treasury — escheats, when — proof of claims. — 1. When real estate has been sold for taxes or other debt by the sheriff or collector of any county within the state of Missouri, and the same sells for a greater amount than the debt or taxes and all costs in the case it shall be the duty of the sheriff or collector of the county, when such sale has been or may hereafter be made, to make a written statement describing each parcel or tract of land sold by him for a greater amount than the debt or taxes and all costs in the case together with the amount of surplus money in each case. The statement shall be subscribed and sworn to by the sheriff or collector making it before some officer competent to administer oaths within this state, and then presented to the county commission of the county where the sale has been or may be made; and on the approval of the statement by the commission, the sheriff or collector making the same shall pay the surplus money into the county treasury, take the receipt in duplicate of the treasurer for the surplus of money and retain one of the duplicate receipts and file the other with the county commission, and thereupon the commission shall charge the treasurer with the amount.
2. The treasurer shall place such moneys in the county treasury to be held for the use and benefit of the person entitled to such moneys or to the credit of the school fund of the county, to be held in trust for the lesser of a term of three years or ninety days following the expiration of the redemption period for the lienholders of record or for the publicly recorded owner or owners of the property sold at the time of the delinquent land tax auction or their legal representatives. The surplus shall be first distributed to the former lienholders of record, by priority of the former liens, if any, then to the former owner or owners of the property. Lien priority shall be set as of the date of the tax sale. No surplus funds shall be distributed to any party claiming entitlement to such funds, other than as part of the redemption process, until ninety days have passed after the period of redemption has expired. At the end of three years, if any funds have not been distributed or called for as part of a redemption or collector's deed issuance, then such funds shall become a permanent school fund of the county.
3. County commissions shall compel owners, lienholders of record, or agents to make satisfactory proof of their claims before receiving their money; provided, that no county shall pay interest to the claimant of any such fund. Any such claim shall be filed with the county commission within ninety days after the expiration of the redemption period, be made in writing, and include reference to the lien of record upon which the claim is made. The reference shall include the county recorder's recording reference information such as book and page number, document number, or other reference information if the lien is not referenced either by book or page number or document number. Should more than one party make claim to any surplus funds and those parties are unable to reach an agreement satisfactory to the county commission, the county commission shall petition the circuit court within the county where the county commission sits for interpleader. The county commission shall only be required to name as defendants those parties who have made claim to the funds. Upon judgment sustaining the petition for interpleader and the subsequent tender of the surplus funds to the court registry, the county commission so tendering such funds shall be entitled to seek discharge from the case.
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(RSMo 1939 § 11159, A.L. 1990 H.B. 1284, A.L. 2003 S.B. 295, A.L. 2010 H.B. 1316, A.L. 2013 H.B. 175 merged with S.B. 248, A.L. 2018 S.B. 623)
Prior revisions: 1929 § 9959; 1919 § 12949; 1909 § 11502
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.