Confirmation of sales, when--proceeds of sale, how applied--occupancypermit, defined, when required, effect, failure to obtain,result.
92.840. 1. After the sheriff sells any parcel of realestate, the court shall, upon its own motion or upon motion ofany interested party, set the cause down for hearing to confirmthe foreclosure sale of the real estate, even though such parcelsare not all of the parcels of real estate described in the noticeof sheriff's foreclosure sale. Notice of the hearing shall besent by any interested party, or the court, moving to confirm theforeclosure sale, to each person who received notice of sale asspecified in subsection 3 of section 92.810. At the time of suchhearing, the sheriff shall make report of the sale, and the courtshall hear evidence of the value of the property offered onbehalf of any interested party to the suit, and shall immediatelydetermine whether an adequate consideration has been paid foreach such parcel.
2. For this purpose, the court shall have power to summonany city official or any private person to testify as to thereasonable value of the property, and if the court finds thatadequate consideration has been paid, he shall confirm the saleand order the sheriff to issue a deed with restriction asprovided herein to the purchaser subject to the application of anoccupancy permit for all parcels as provided in subsection 5 ofthis section. If the court finds that the consideration paid isinadequate, the purchaser may increase his bid to such amount asthe court may deem to be adequate, whereupon the court mayconfirm the sale. If, however, the purchaser declines toincrease his bid and make such additional payment, then the saleshall be disapproved, the lien of the judgment continued, andsuch parcel of real estate shall be again advertised and offeredfor sale by the sheriff to the highest bidder at public auctionfor cash at any subsequent sheriff's foreclosure sale.
3. If the sale is confirmed, the court shall order theproceeds of the sale applied in the following order:
(1) To the payment of the costs of the publication of thenotice of foreclosure and of the sheriff's foreclosure sale;
(2) To the payment of all costs including appraiser's feeand attorney's fees;
(3) To the payment of all tax bills adjudged to be due inthe order of their priority, including principal, interest andpenalties thereon. If, after such payment, there is any sumremaining of the proceeds of the sheriff's foreclosure sale, thecourt shall thereupon try and determine the other issues in thesuit in accordance with section 92.775. If any answering partieshave specially appealed as provided in section 92.845, the courtshall retain the custody of such funds pending disposition ofsuch appeal, and upon disposition of such appeal shall make suchdistribution. If there are not sufficient proceeds of the saleto pay all claims in any class described, the court shall orderthe same to be paid pro rata in accordance with the priorities.
4. If there are any funds remaining of the proceeds afterthe sheriff's sale and after the distribution of such funds asset out in this section and no person entitled to any such funds,whether or not a party to the suit, shall, within two years aftersuch sale, appear and claim the funds, they shall be distributedto the appropriate taxing authorities.
5. For the purpose of this section, the term "occupancypermit" shall mean the certificate of use and occupancy asprovided for in the revised municipal code of any city not withina county, which now has or may hereafter have a population inexcess of three hundred thousand inhabitants.
6. If there is a building or structure on the parcel, thepurchaser shall apply for an occupancy permit from the city orappropriate governmental agency within ten days after theconfirmation hearing. Any purchaser who is a public corporationacting in a governmental capacity shall not be required toacquire the occupancy permit. When a parcel, acquired at asheriff sale, containing a building is sold from a publiccorporation acting in a governmental capacity, the subsequentpurchaser shall be required to apply for the occupancy permit.Failure to apply for such occupancy permit within ten days afterconfirmation shall result in the sale and confirmation beingimmediately set aside by the motion of any interested party andthat parcel shall again be advertised and offered for sale by thesheriff to the highest bidder at public auction for cash at anysubsequent sheriff foreclosure sale.
7. The sheriff shall include a deed restriction in thesheriff's deed, issued after confirmation and after theapplication of an occupancy permit for any parcel containing abuilding or structure. The deed restriction shall state that thepurchasers at the sheriff's sale who had the property confirmedand who applied for an occupancy permit shall obtain an occupancypermit for the building or structure from the appropriategovernmental agency prior to any subsequent transfer or sale ofthis property. This deed restriction shall exist as a lienagainst such real estate while the purchasers hold same in theamount of five thousand dollars. The purchasers of the propertyat the sheriff sale who had the property confirmed and appliedfor the occupancy permit shall agree that in the event of theirfailure to obtain an occupancy permit prior to any subsequenttransfer of the property, they shall pay to the sheriff the sumof five thousand dollars as fixed, liquidated and ascertaineddamages without proof of loss or damages. The sheriff shall havethe discretionary power to file a lawsuit against such purchaserfor collection of these liquidated damages. These liquidateddamages shall be distributed on a prorated basis to theappropriate taxing authority after the sheriff deducts all costs,expenses and attorney fees for such lawsuits. The sheriff mayemploy attorneys as he deems necessary to collect liquidateddamages.
Confirmation of sales, when--proceeds of sale, how applied--occupancypermit, defined, when required, effect, failure to obtain,result.
92.840. 1. After the sheriff sells any parcel of realestate, the court shall, upon its own motion or upon motion ofany interested party, set the cause down for hearing to confirmthe foreclosure sale of the real estate, even though such parcelsare not all of the parcels of real estate described in the noticeof sheriff's foreclosure sale. Notice of the hearing shall besent by any interested party, or the court, moving to confirm theforeclosure sale, to each person who received notice of sale asspecified in subsection 3 of section 92.810. At the time of suchhearing, the sheriff shall make report of the sale, and the courtshall hear evidence of the value of the property offered onbehalf of any interested party to the suit, and shall immediatelydetermine whether an adequate consideration has been paid foreach such parcel.
2. For this purpose, the court shall have power to summonany city official or any private person to testify as to thereasonable value of the property, and if the court finds thatadequate consideration has been paid, he shall confirm the saleand order the sheriff to issue a deed with restriction asprovided herein to the purchaser subject to the application of anoccupancy permit for all parcels as provided in subsection 5 ofthis section. If the court finds that the consideration paid isinadequate, the purchaser may increase his bid to such amount asthe court may deem to be adequate, whereupon the court mayconfirm the sale. If, however, the purchaser declines toincrease his bid and make such additional payment, then the saleshall be disapproved, the lien of the judgment continued, andsuch parcel of real estate shall be again advertised and offeredfor sale by the sheriff to the highest bidder at public auctionfor cash at any subsequent sheriff's foreclosure sale.
3. If the sale is confirmed, the court shall order theproceeds of the sale applied in the following order:
(1) To the payment of the costs of the publication of thenotice of foreclosure and of the sheriff's foreclosure sale;
(2) To the payment of all costs including appraiser's feeand attorney's fees;
(3) To the payment of all tax bills adjudged to be due inthe order of their priority, including principal, interest andpenalties thereon. If, after such payment, there is any sumremaining of the proceeds of the sheriff's foreclosure sale, thecourt shall thereupon try and determine the other issues in thesuit in accordance with section 92.775. If any answering partieshave specially appealed as provided in section 92.845, the courtshall retain the custody of such funds pending disposition ofsuch appeal, and upon disposition of such appeal shall make suchdistribution. If there are not sufficient proceeds of the saleto pay all claims in any class described, the court shall orderthe same to be paid pro rata in accordance with the priorities.
4. If there are any funds remaining of the proceeds afterthe sheriff's sale and after the distribution of such funds asset out in this section and no person entitled to any such funds,whether or not a party to the suit, shall, within two years aftersuch sale, appear and claim the funds, they shall be distributedto the appropriate taxing authorities.
5. For the purpose of this section, the term "occupancypermit" shall mean the certificate of use and occupancy asprovided for in the revised municipal code of any city not withina county, which now has or may hereafter have a population inexcess of three hundred thousand inhabitants.
6. If there is a building or structure on the parcel, thepurchaser shall apply for an occupancy permit from the city orappropriate governmental agency within ten days after theconfirmation hearing. Any purchaser who is a public corporationacting in a governmental capacity shall not be required toacquire the occupancy permit. When a parcel, acquired at asheriff sale, containing a building is sold from a publiccorporation acting in a governmental capacity, the subsequentpurchaser shall be required to apply for the occupancy permit.Failure to apply for such occupancy permit within ten days afterconfirmation shall result in the sale and confirmation beingimmediately set aside by the motion of any interested party andthat parcel shall again be advertised and offered for sale by thesheriff to the highest bidder at public auction for cash at anysubsequent sheriff foreclosure sale.
7. The sheriff shall include a deed restriction in thesheriff's deed, issued after confirmation and after theapplication of an occupancy permit for any parcel containing abuilding or structure. The deed restriction shall state that thepurchasers at the sheriff's sale who had the property confirmedand who applied for an occupancy permit shall obtain an occupancypermit for the building or structure from the appropriategovernmental agency prior to any subsequent transfer or sale ofthis property. This deed restriction shall exist as a lienagainst such real estate while the purchasers hold same in theamount of five thousand dollars. The purchasers of the propertyat the sheriff sale who had the property confirmed and appliedfor the occupancy permit shall agree that in the event of theirfailure to obtain an occupancy permit prior to any subsequenttransfer of the property, they shall pay to the sheriff the sumof five thousand dollars as fixed, liquidated and ascertaineddamages without proof of loss or damages. The sheriff shall havethe discretionary power to file a lawsuit against such purchaserfor collection of these liquidated damages. These liquidateddamages shall be distributed on a prorated basis to theappropriate taxing authority after the sheriff deducts all costs,expenses and attorney fees for such lawsuits. The sheriff mayemploy attorneys as he deems necessary to collect liquidateddamages.
Confirmation of sales, when--proceeds of sale, how applied--occupancypermit, defined, when required, effect, failure to obtain,result.
92.840. 1. After the sheriff sells any parcel of realestate, the court shall, upon its own motion or upon motion ofany interested party, set the cause down for hearing to confirmthe foreclosure sale of the real estate, even though such parcelsare not all of the parcels of real estate described in the noticeof sheriff's foreclosure sale. Notice of the hearing shall besent by any interested party, or the court, moving to confirm theforeclosure sale, to each person who received notice of sale asspecified in subsection 3 of section 92.810. At the time of suchhearing, the sheriff shall make report of the sale, and the courtshall hear evidence of the value of the property offered onbehalf of any interested party to the suit, and shall immediatelydetermine whether an adequate consideration has been paid foreach such parcel.
2. For this purpose, the court shall have power to summonany city official or any private person to testify as to thereasonable value of the property, and if the court finds thatadequate consideration has been paid, he shall confirm the saleand order the sheriff to issue a deed with restriction asprovided herein to the purchaser subject to the application of anoccupancy permit for all parcels as provided in subsection 5 ofthis section. If the court finds that the consideration paid isinadequate, the purchaser may increase his bid to such amount asthe court may deem to be adequate, whereupon the court mayconfirm the sale. If, however, the purchaser declines toincrease his bid and make such additional payment, then the saleshall be disapproved, the lien of the judgment continued, andsuch parcel of real estate shall be again advertised and offeredfor sale by the sheriff to the highest bidder at public auctionfor cash at any subsequent sheriff's foreclosure sale.
3. If the sale is confirmed, the court shall order theproceeds of the sale applied in the following order:
(1) To the payment of the costs of the publication of thenotice of foreclosure and of the sheriff's foreclosure sale;
(2) To the payment of all costs including appraiser's feeand attorney's fees;
(3) To the payment of all tax bills adjudged to be due inthe order of their priority, including principal, interest andpenalties thereon. If, after such payment, there is any sumremaining of the proceeds of the sheriff's foreclosure sale, thecourt shall thereupon try and determine the other issues in thesuit in accordance with section 92.775. If any answering partieshave specially appealed as provided in section 92.845, the courtshall retain the custody of such funds pending disposition ofsuch appeal, and upon disposition of such appeal shall make suchdistribution. If there are not sufficient proceeds of the saleto pay all claims in any class described, the court shall orderthe same to be paid pro rata in accordance with the priorities.
4. If there are any funds remaining of the proceeds afterthe sheriff's sale and after the distribution of such funds asset out in this section and no person entitled to any such funds,whether or not a party to the suit, shall, within two years aftersuch sale, appear and claim the funds, they shall be distributedto the appropriate taxing authorities.
5. For the purpose of this section, the term "occupancypermit" shall mean the certificate of use and occupancy asprovided for in the revised municipal code of any city not withina county, which now has or may hereafter have a population inexcess of three hundred thousand inhabitants.
6. If there is a building or structure on the parcel, thepurchaser shall apply for an occupancy permit from the city orappropriate governmental agency within ten days after theconfirmation hearing. Any purchaser who is a public corporationacting in a governmental capacity shall not be required toacquire the occupancy permit. When a parcel, acquired at asheriff sale, containing a building is sold from a publiccorporation acting in a governmental capacity, the subsequentpurchaser shall be required to apply for the occupancy permit.Failure to apply for such occupancy permit within ten days afterconfirmation shall result in the sale and confirmation beingimmediately set aside by the motion of any interested party andthat parcel shall again be advertised and offered for sale by thesheriff to the highest bidder at public auction for cash at anysubsequent sheriff foreclosure sale.
7. The sheriff shall include a deed restriction in thesheriff's deed, issued after confirmation and after theapplication of an occupancy permit for any parcel containing abuilding or structure. The deed restriction shall state that thepurchasers at the sheriff's sale who had the property confirmedand who applied for an occupancy permit shall obtain an occupancypermit for the building or structure from the appropriategovernmental agency prior to any subsequent transfer or sale ofthis property. This deed restriction shall exist as a lienagainst such real estate while the purchasers hold same in theamount of five thousand dollars. The purchasers of the propertyat the sheriff sale who had the property confirmed and appliedfor the occupancy permit shall agree that in the event of theirfailure to obtain an occupancy permit prior to any subsequenttransfer of the property, they shall pay to the sheriff the sumof five thousand dollars as fixed, liquidated and ascertaineddamages without proof of loss or damages. The sheriff shall havethe discretionary power to file a lawsuit against such purchaserfor collection of these liquidated damages. These liquidateddamages shall be distributed on a prorated basis to theappropriate taxing authority after the sheriff deducts all costs,expenses and attorney fees for such lawsuits. The sheriff mayemploy attorneys as he deems necessary to collect liquidateddamages.
