State Codes and Statutes

Statutes > Missouri > T07 > C092 > 92_810

Waiting period after final judgment--notice of sale to owners, formof--failure to redeem, transfer, purpose, reimbursement.

92.810. 1. After the judgment of foreclosure has beenentered, or, after a motion for a new trial has been overruled,or, if an appeal be taken from such judgment and the judgment hasbeen affirmed, after the sheriff shall have been notified by anyparty to the suit that such judgment has been affirmed on appealand that the mandate of the appellate court is on file with thecircuit clerk, there shall be a waiting period of six monthsbefore any advertisement of sheriff's sale shall be published.

2. If any such parcel of real estate be not redeemed, or ifno written contract providing for redemption be made within sixmonths after the date of the judgment of foreclosure, if nomotion for rehearing be filed, and, if filed, within six monthsafter such motion may have been overruled, or, if an appeal betaken from such judgment and the judgment be affirmed, within sixmonths after the sheriff shall have been notified by any party tothe suit that such judgment has been affirmed on appeal and thatthe mandate of the appellate court is on file with the circuitclerk, the sheriff shall, after giving the notice required bysubsection 3 of this section, commence to advertise the realestate described in the judgment and shall fix the date of salewithin thirty days after the date of the first publication of thenotice of sheriff's sale as herein provided, and shall at suchsale proceed to sell the real estate.

3. No later than twenty days prior to the sheriff's sale,the sheriff shall send notice of the sale to the owner or owners,as disclosed upon the records of the assessor of the real estatefor which tax bills thereon are delinquent. The search of therecords of the assessor must be made not more than forty daysprior to the sending of this notice. The notice shall providethe date, time and place of the sale. The notice shall alsostate that the property owner may avoid the sale by redeemingsuch parcel of real estate prior to the sale as specified insection 92.750 or by entering into an agreement with thecollector to pay the taxes included in the foreclosure suit undersection 92.740. The notice required by this subsection shall bemailed in an envelope with postage prepaid. The cost of thetitle search, mailing and notice as required by this subsectionshall be included as costs at the sale of the real estate.

4. Notwithstanding the provisions of this section to thecontrary, any residential property which has not been redeemed bythe end of the waiting period required by this section which hasbeen determined to be of substandard quality or condition underthe standards established by the residential renovation loancommission pursuant to sections 67.970 to 67.983, RSMo, may, uponthe request of the residential renovation loan commission, betransferred to the residential renovation loan commission for thepurpose of renovation of the property. Any such propertytransferred pursuant to this subsection shall be renovated andsold by the residential renovation loan commission in the mannerprescribed in sections 67.970 to 67.983, RSMo. The residentialrenovation loan commission shall reimburse the land reutilizationauthority for all expenses directly incurred in relation to suchproperty under sections 92.700 to 92.920 prior to the transfer.

(L. 1971 H.B. 472 § 21, A.L. 1989 H.B. 342, A.L. 1993 S.B. 376)

State Codes and Statutes

Statutes > Missouri > T07 > C092 > 92_810

Waiting period after final judgment--notice of sale to owners, formof--failure to redeem, transfer, purpose, reimbursement.

92.810. 1. After the judgment of foreclosure has beenentered, or, after a motion for a new trial has been overruled,or, if an appeal be taken from such judgment and the judgment hasbeen affirmed, after the sheriff shall have been notified by anyparty to the suit that such judgment has been affirmed on appealand that the mandate of the appellate court is on file with thecircuit clerk, there shall be a waiting period of six monthsbefore any advertisement of sheriff's sale shall be published.

2. If any such parcel of real estate be not redeemed, or ifno written contract providing for redemption be made within sixmonths after the date of the judgment of foreclosure, if nomotion for rehearing be filed, and, if filed, within six monthsafter such motion may have been overruled, or, if an appeal betaken from such judgment and the judgment be affirmed, within sixmonths after the sheriff shall have been notified by any party tothe suit that such judgment has been affirmed on appeal and thatthe mandate of the appellate court is on file with the circuitclerk, the sheriff shall, after giving the notice required bysubsection 3 of this section, commence to advertise the realestate described in the judgment and shall fix the date of salewithin thirty days after the date of the first publication of thenotice of sheriff's sale as herein provided, and shall at suchsale proceed to sell the real estate.

3. No later than twenty days prior to the sheriff's sale,the sheriff shall send notice of the sale to the owner or owners,as disclosed upon the records of the assessor of the real estatefor which tax bills thereon are delinquent. The search of therecords of the assessor must be made not more than forty daysprior to the sending of this notice. The notice shall providethe date, time and place of the sale. The notice shall alsostate that the property owner may avoid the sale by redeemingsuch parcel of real estate prior to the sale as specified insection 92.750 or by entering into an agreement with thecollector to pay the taxes included in the foreclosure suit undersection 92.740. The notice required by this subsection shall bemailed in an envelope with postage prepaid. The cost of thetitle search, mailing and notice as required by this subsectionshall be included as costs at the sale of the real estate.

4. Notwithstanding the provisions of this section to thecontrary, any residential property which has not been redeemed bythe end of the waiting period required by this section which hasbeen determined to be of substandard quality or condition underthe standards established by the residential renovation loancommission pursuant to sections 67.970 to 67.983, RSMo, may, uponthe request of the residential renovation loan commission, betransferred to the residential renovation loan commission for thepurpose of renovation of the property. Any such propertytransferred pursuant to this subsection shall be renovated andsold by the residential renovation loan commission in the mannerprescribed in sections 67.970 to 67.983, RSMo. The residentialrenovation loan commission shall reimburse the land reutilizationauthority for all expenses directly incurred in relation to suchproperty under sections 92.700 to 92.920 prior to the transfer.

(L. 1971 H.B. 472 § 21, A.L. 1989 H.B. 342, A.L. 1993 S.B. 376)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T07 > C092 > 92_810

Waiting period after final judgment--notice of sale to owners, formof--failure to redeem, transfer, purpose, reimbursement.

92.810. 1. After the judgment of foreclosure has beenentered, or, after a motion for a new trial has been overruled,or, if an appeal be taken from such judgment and the judgment hasbeen affirmed, after the sheriff shall have been notified by anyparty to the suit that such judgment has been affirmed on appealand that the mandate of the appellate court is on file with thecircuit clerk, there shall be a waiting period of six monthsbefore any advertisement of sheriff's sale shall be published.

2. If any such parcel of real estate be not redeemed, or ifno written contract providing for redemption be made within sixmonths after the date of the judgment of foreclosure, if nomotion for rehearing be filed, and, if filed, within six monthsafter such motion may have been overruled, or, if an appeal betaken from such judgment and the judgment be affirmed, within sixmonths after the sheriff shall have been notified by any party tothe suit that such judgment has been affirmed on appeal and thatthe mandate of the appellate court is on file with the circuitclerk, the sheriff shall, after giving the notice required bysubsection 3 of this section, commence to advertise the realestate described in the judgment and shall fix the date of salewithin thirty days after the date of the first publication of thenotice of sheriff's sale as herein provided, and shall at suchsale proceed to sell the real estate.

3. No later than twenty days prior to the sheriff's sale,the sheriff shall send notice of the sale to the owner or owners,as disclosed upon the records of the assessor of the real estatefor which tax bills thereon are delinquent. The search of therecords of the assessor must be made not more than forty daysprior to the sending of this notice. The notice shall providethe date, time and place of the sale. The notice shall alsostate that the property owner may avoid the sale by redeemingsuch parcel of real estate prior to the sale as specified insection 92.750 or by entering into an agreement with thecollector to pay the taxes included in the foreclosure suit undersection 92.740. The notice required by this subsection shall bemailed in an envelope with postage prepaid. The cost of thetitle search, mailing and notice as required by this subsectionshall be included as costs at the sale of the real estate.

4. Notwithstanding the provisions of this section to thecontrary, any residential property which has not been redeemed bythe end of the waiting period required by this section which hasbeen determined to be of substandard quality or condition underthe standards established by the residential renovation loancommission pursuant to sections 67.970 to 67.983, RSMo, may, uponthe request of the residential renovation loan commission, betransferred to the residential renovation loan commission for thepurpose of renovation of the property. Any such propertytransferred pursuant to this subsection shall be renovated andsold by the residential renovation loan commission in the mannerprescribed in sections 67.970 to 67.983, RSMo. The residentialrenovation loan commission shall reimburse the land reutilizationauthority for all expenses directly incurred in relation to suchproperty under sections 92.700 to 92.920 prior to the transfer.

(L. 1971 H.B. 472 § 21, A.L. 1989 H.B. 342, A.L. 1993 S.B. 376)