Effective - 28 Aug 2018, 2 histories
141.540. Place of sale — form of advertisement — notice to be posted on land and sent to certain persons, procedure. — 1. In any county at a certain front door of whose courthouse sales of real estate are customarily made by the sheriff under execution, the sheriff shall advertise for sale and sell the respective parcels of real estate ordered sold by him or her pursuant to any judgment of foreclosure by any court pursuant to sections 141.210 to 141.810 and 141.980 to 141.1015 at any of such courthouses, but the sale of such parcels of real estate shall be held at the same front door as sales of real estate are customarily made by the sheriff under execution.
2. Such advertisements may include more than one parcel of real estate, and shall be in substantially the following form:
3. Such advertisement shall be published four times, once a week, upon the same day of each week during successive weeks prior to the date of such sale, in a daily newspaper of general circulation regularly published in the county, qualified according to law for the publication of public notices and advertisements.
4. In addition to the provisions herein for notice and advertisement of sale, the county collector shall enter upon the property subject to foreclosure of these tax liens and post a written informational notice in any conspicuous location thereon. This notice shall describe the property and advise that it is the subject of delinquent land tax collection proceedings before the circuit court brought pursuant to sections 141.210 to 141.810 and 141.980 to 141.1015 and that it may be sold for the payment of delinquent taxes at a sale to be held at ten* o'clock a.m., date and place, and shall also contain a file number and the address and phone number of the collector. If the collector chooses to post such notices as authorized by this subsection, such posting must be made not later than the fourteenth day prior to the date of the sale.
5. The collector shall, concurrently with the beginning of the publication of sale, cause to be prepared and sent by restricted, registered or certified mail with postage prepaid, a brief notice of the date, location, and time of sale of property in foreclosure of tax liens pursuant to sections 141.210 to 141.810 and 141.980 to 141.1015, to the persons named in the petition as being the last known persons in whose names tax bills affecting the respective parcels of real estate described in said petition were last billed or charged on the books of the collector, or the last known owner of record, if different, and to the addresses of said persons upon said records of the collector. The terms "restricted", "registered" or "certified mail" as used in this section mean mail which carries on the face thereof in a conspicuous place, where it will not be obliterated, the endorsement, "DELIVER TO ADDRESSEE ONLY", and which also requires a return receipt or a statement by the postal authorities that the addressee refused to receive and receipt for such mail. If the notice is returned to the collector by the postal authorities as undeliverable for reasons other than the refusal by the addressee to receive and receipt for the notice as shown by the return receipt, then the collector shall make a search of the records maintained by the county, including those kept by the recorder of deeds, to discern the name and address of any person who, from such records, appears as a successor to the person to whom the original notice was addressed, and to cause another notice to be mailed to such person. The collector shall prepare and file with the circuit clerk prior to confirmation hearings an affidavit reciting to the court any name, address and serial number of the tract of real estate affected of any such notices of sale that are undeliverable because of an addressee's refusal to receive and receipt for the same, or of any notice otherwise nondeliverable by mail, or in the event that any name or address does not appear on the records of the collector, then of that fact. The affidavit in addition to the recitals set forth above shall also state reason for the nondelivery of such notice.
6. The collector may, at his or her option, concurrently with the beginning of the publication of sale, cause to be prepared and sent by restricted, registered or certified mail with postage prepaid, a brief notice of the date, location, and time of sale of property in foreclosure of tax liens pursuant to sections 141.210 to 141.810, to the mortgagee or security holder, if known, of the respective parcels of real estate described in said petition, and to the addressee of such mortgagee or security holder according to the records of the collector. The terms "restricted", "registered" or "certified mail" as used in this section mean mail which carries on the face thereof in a conspicuous place, where it will not be obliterated, the endorsement, "DELIVER TO ADDRESSEE ONLY", and which also requires a return receipt or a statement by the postal authorities that the addressee refused to receive and receipt for such mail. If the notice is returned to the collector by the postal authorities as undeliverable for reasons other than the refusal by the addressee to receive and receipt for the notice as shown by the return receipt, then the collector shall make a search of the records maintained by the county, including those kept by the recorder of deeds, to discern the name and address of any security holder who, from such records, appears as a successor to the security holder to whom the original notice was addressed, and to cause another notice to be mailed to such security holder. The collector shall prepare and file with the circuit clerk prior to confirmation hearings an affidavit reciting to the court any name, address and serial number of the tract of real estate affected by any such notices of sale that are undeliverable because of an addressee's refusal to receive and receipt for the same, or of any notice otherwise nondeliverable by mail, and stating the reason for the nondelivery of such notice.
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(L. 1943 p. 1029 § 26, A.L. 1945 p. 1761, A.L. 1982 H.B. 1351, et al., A.L. 2000 H.B. 1238 merged with S.B. 894, A.L. 2012 H.B. 1659 & 1116, A.L. 2018 S.B. 975 & 1024 Revision)
*Section 141.550, subsection 2, provides time of sale to be between nine o'clock a.m. and five o'clock p.m.
Structure Missouri Revised Statutes
Title X - Taxation and Revenue
Chapter 141 - Delinquent Taxes — Certain Subdivisions
Section 141.010 - Collection of back taxes — redemption.
Section 141.020 - Compromise of taxes permissible.
Section 141.030 - Deposits by county collector to be made on certain dates — final accounting.
Section 141.050 - Appointment of collector or deputies by sheriff.
Section 141.060 - Collector may employ attorney — compensation.
Section 141.070 - Collector may employ abstracter — compensation.
Section 141.080 - Recovery of taxes, when.
Section 141.090 - Suit in name of state of Missouri — procedure.
Section 141.100 - Judgment — contents — first lien on land.
Section 141.110 - Lien of tax judgment a continuing lien.
Section 141.120 - No execution for two years — redemption by owner.
Section 141.130 - Sale of property — approval by court — acceptance, when.
Section 141.140 - Execution of deed by sheriff.
Section 141.150 - Fees allowed.
Section 141.170 - Personal taxes — tax bills — delinquency.
Section 141.200 - General taxation law applies.
Section 141.202 - Conveyances subject to covenants and easements.
Section 141.210 - Title of law.
Section 141.220 - Definitions (charter counties, and Clay and Buchanan counties).
Section 141.230 - Operation under law.
Section 141.240 - Tax liens on real estate.
Section 141.250 - Equality of tax liens — priorities — distribution of proceeds.
Section 141.260 - Foreclosure of tax lien — tax sale certificate — evidence — priorities.
Section 141.270 - List of tax liens affecting land — filing fees — exemption.
Section 141.280 - Content of list.
Section 141.290 - Tax bill lists — suits pending — time of delivery — filing of petition.
Section 141.300 - Tax bill lists — receipt for aggregate amount by collector — monthly statement.
Section 141.310 - Exclusive power to collect taxes — expenses of suit.
Section 141.330 - Delinquent land tax clerk, appointment, compensation.
Section 141.340 - Foreclosure of tax liens — suits.
Section 141.360 - Suits for foreclosure — naming of parties.
Section 141.370 - County clerk to act as collector, when.
Section 141.380 - Suits for foreclosure — parcels or tracts of land may be joined.
Section 141.390 - Filing of suit, where.
Section 141.400 - Suit for foreclosure — action in rem — pleadings.
Section 141.410 - Suit for foreclosure — petition — caption — contents — notice, filing.
Section 141.420 - Redemption by owner, when barred — duty of collector.
Section 141.430 - Publication of notice of foreclosure — form of notice.
Section 141.440 - Notice to persons named in petition.
Section 141.450 - Form of notice.
Section 141.460 - Affidavit of publication, evidentiary documents.
Section 141.470 - Infants, disabled persons or convicts actions to foreclose, procedure.
Section 141.490 - Rules of civil procedure in equity cases shall be followed.
Section 141.510 - Judgment of foreclosure, appeal, when — bond.
Section 141.535 - Sale of parcel under tax foreclosure judgment stayed, when (Jackson County).
Section 141.560 - Daily adjournment of sale by sheriff — sale to trustees.
Section 141.570 - What title vests on sale.
Section 141.580 - Confirmation or disapproval of sale by court — proceeds applied, how.
Section 141.590 - Appeal from confirmation or disapproval of sale.
Section 141.600 - Performance of sheriff's duties by deputy.
Section 141.610 - Court administrator's, sheriff's deed, effect — action to set aside, limitations.
Section 141.620 - Imposition of suit penalty of five percent — disposition.
Section 141.630 - Attorney's fees.
Section 141.640 - Collector's commission.
Section 141.650 - Apportionment of costs — costs on redemption — how credited.
Section 141.660 - Costs, how taxed.
Section 141.670 - Collector protected from all loss, cost, damages and expenses.
Section 141.680 - Application of law, limitations on.
Section 141.690 - Invalidity of law not to affect foreclosure proceedings.
Section 141.700 - Creation of land trust — powers, generally.
Section 141.710 - Beneficiaries of land trust.
Section 141.730 - Officers of land trust — bond — oath.
Section 141.750 - Land trust, seal, powers, conveyances.
Section 141.760 - Administration of delinquent tax lands by trust.
Section 141.780 - Perpetual inventory by land trust.
Section 141.785 - Quiet title action, when, procedure.
Section 141.790 - Proceeds of sale of real estate disposed of by a land trust — distribution.
Section 141.800 - Exemption from taxation of real estate acquired by land trust.
Section 141.810 - Compensation of employees, limitations — penalty for violation.
Section 141.820 - Sections 141.820 to 141.970 applicable, when.
Section 141.830 - Collection of back taxes — redemption, interest and costs.
Section 141.840 - Compromise of taxes.
Section 141.850 - Collector to file suit to collect taxes — service.
Section 141.860 - Collector may be named deputy sheriff.
Section 141.870 - Collector may employ attorneys — fees.
Section 141.880 - Collector may employ abstracter — duties — fee.
Section 141.890 - Action to recover taxes must be commenced, when (St. Louis).
Section 141.900 - Action to be in name of state — tax bills — evidence.
Section 141.910 - Contents of judgment — fieri facias.
Section 141.920 - Continuation of lien — termination only upon payment.
Section 141.930 - No execution for two years — redemption of property.
Section 141.940 - Approval of sale by court — sheriff to report bids to court — acceptance, when.
Section 141.950 - Execution of deed by sheriff for property sold.
Section 141.982 - Employees authorized — contracts and agreements authorized.
Section 141.988 - Funding sources — four percent fee to be transferred to county.
Section 141.991 - Annual audit — performance audits, when.
Section 141.994 - Issuance of bonds, requirements.
Section 141.997 - Open meetings required.
Section 141.1003 - Same rights as private property owners.
Section 141.1009 - Quiet title action, when, procedure.
Section 141.1012 - Dissolution, procedure.
Section 141.1015 - Power of eminent domain or to tax not authorized.