Place of sale--form of advertisement--notice to be posted on land andsent to certain persons, procedure (first class charter counties, andClay and Buchanan counties).
141.540. 1. In any county at a certain front door of whosecourthouse sales of real estate are customarily made by the sheriff underexecution, the sheriff shall advertise for sale and sell the respectiveparcels of real estate ordered sold by him or her pursuant to any judgmentof foreclosure by any court pursuant to sections 141.210 to 141.810 at anyof such courthouses, but the sale of such parcels of real estate shall beheld at the same front door as sales of real estate are customarily made bythe sheriff under execution.
2. Such advertisements may include more than one parcel of realestate, and shall be in substantially the following form:NOTICE OF SHERIFF'S SALEUNDER JUDGMENT OFFORECLOSURE OF LIENS FORDELINQUENT LAND TAXES
No. ........In the Circuit Court of .......County, Missouri.In the Matter of Foreclosure of Liensfor Delinquent Land TaxesCollector of Revenue of .......County, Missouri,Plaintiff,--vs.--Parcels of Land encumbered withDelinquent Tax Liens,Defendants.
WHEREAS, judgment has been rendered against parcels of real estate fortaxes, interest, penalties, attorney's fees and costs with the serialnumbers of each parcel of real estate, the description thereof, the name ofthe person appearing in the petition in the suit, and the total amount ofthe judgment against each such parcel for taxes, interest, penalties,attorney's fees and costs, all as set out in said judgment and described ineach case, respectively, as follows: (Here set out the respective serialnumbers, descriptions, names and total amounts of each judgment, next abovereferred to.) and,
WHEREAS, such judgment orders such real estate sold by the undersignedsheriff, to satisfy the total amount of such judgment, including interest,penalties, attorney's fees and costs,
NOW, THEREFORE,
Public Notice is hereby given that I ..........., Sheriff of............ County, Missouri, will sell such real estate, parcel byparcel, at public auction, to the highest bidder, for cash, between thehours of nine o'clock A.M. and five o'clock P.M., at the ...... front doorof the ...... County Courthouse in ......, Missouri, on ......, the ......day of ......, 20.., and continuing from day to day thereafter, to satisfythe judgment as to each respective parcel of real estate sold. If noacceptable bids are received as to any parcel of real estate, said parcelshall be sold to the Land Trust of ...... (insert name of County),Missouri.
Any bid received shall be subject to confirmation by the court.
.................................
Sheriff of .............. County,
Missouri..................................................Delinquent Land Tax AttorneyAddress: ....................First Publication ...............,20...
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 ofsuch sale, in a daily newspaper of general circulation regularly publishedin the county, qualified according to law for the publication of publicnotices and advertisements.
4. In addition to the provisions herein for notice and advertisementof sale, the county collector shall enter upon the property subject toforeclosure of these tax liens and post a written informational notice inany conspicuous location thereon. This notice shall describe the propertyand advise that it is the subject of delinquent land tax collectionproceedings before the circuit court brought pursuant to sections 141.210to 141.810 and that it may be sold for the payment of delinquent taxes at asale to be held at ten* o'clock a.m., date and place, and shall alsocontain a file number and the address and phone number of the collector.If the collector chooses to post such notices as authorized by thissubsection, such posting must be made not later than the fourteenth dayprior to the date of the sale.
5. The collector shall, concurrently with the beginning of thepublication of sale, cause to be prepared and sent by restricted,registered or certified mail with postage prepaid, a brief notice of thedate, location, and time of sale of property in foreclosure of tax lienspursuant to sections 141.210 to 141.810, to the persons named in thepetition as being the last known persons in whose names tax bills affectingthe respective parcels of real estate described in said petition were lastbilled or charged on the books of the collector, or the last known owner ofrecord, if different, and to the addresses of said persons upon saidrecords of the collector. The terms "restricted", "registered" or"certified mail" as used in this section mean mail which carries on theface thereof in a conspicuous place, where it will not be obliterated, theendorsement, "DELIVER TO ADDRESSEE ONLY", and which also requires a returnreceipt or a statement by the postal authorities that the addressee refusedto receive and receipt for such mail. If the notice is returned to thecollector by the postal authorities as undeliverable for reasons other thanthe refusal by the addressee to receive and receipt for the notice as shownby the return receipt, then the collector shall make a search of therecords maintained by the county, including those kept by the recorder ofdeeds, to discern the name and address of any person who, from suchrecords, appears as a successor to the person to whom the original noticewas addressed, and to cause another notice to be mailed to such person.The collector shall prepare and file with the circuit clerk prior toconfirmation hearings an affidavit reciting to the court any name, addressand serial number of the tract of real estate affected of any such noticesof sale that are undeliverable because of an addressee's refusal to receiveand receipt for the same, or of any notice otherwise nondeliverable bymail, or in the event that any name or address does not appear on therecords of the collector, then of that fact. The affidavit in addition tothe recitals set forth above shall also state reason for the nondelivery ofsuch notice.
6. The collector may, at his or her option, concurrently with thebeginning of the publication of sale, cause to be prepared and sent byrestricted, registered or certified mail with postage prepaid, a briefnotice of the date, location, and time of sale of property in foreclosureof tax liens pursuant to sections 141.210 to 141.810, to the mortgagee orsecurity holder, if known, of the respective parcels of real estatedescribed in said petition, and to the addressee of such mortgagee orsecurity holder according to the records of the collector. The terms"restricted", "registered" or "certified mail" as used in this section meanmail which carries on the face thereof in a conspicuous place, where itwill not be obliterated, the endorsement, "DELIVER TO ADDRESSEE ONLY", andwhich also requires a return receipt or a statement by the postalauthorities that the addressee refused to receive and receipt for suchmail. If the notice is returned to the collector by the postal authoritiesas undeliverable for reasons other than the refusal by the addressee toreceive and receipt for the notice as shown by the return receipt, then thecollector shall make a search of the records maintained by the county,including those kept by the recorder of deeds, to discern the name andaddress of any security holder who, from such records, appears as asuccessor to the security holder to whom the original notice was addressed,and to cause another notice to be mailed to such security holder. Thecollector shall prepare and file with the circuit clerk prior toconfirmation hearings an affidavit reciting to the court any name, addressand serial number of the tract of real estate affected by any such noticesof sale that are undeliverable because of an addressee's refusal to receiveand receipt for the same, or of any notice otherwise nondeliverable bymail, and stating the reason for the nondelivery of such notice.
(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)
*Section 141.550, subsection 2, provides time of sale to be between nine o'clock a.m. and five o'clock p.m.
Place of sale--form of advertisement--notice to be posted on land andsent to certain persons, procedure (first class charter counties, andClay and Buchanan counties).
141.540. 1. In any county at a certain front door of whosecourthouse sales of real estate are customarily made by the sheriff underexecution, the sheriff shall advertise for sale and sell the respectiveparcels of real estate ordered sold by him or her pursuant to any judgmentof foreclosure by any court pursuant to sections 141.210 to 141.810 at anyof such courthouses, but the sale of such parcels of real estate shall beheld at the same front door as sales of real estate are customarily made bythe sheriff under execution.
2. Such advertisements may include more than one parcel of realestate, and shall be in substantially the following form:NOTICE OF SHERIFF'S SALEUNDER JUDGMENT OFFORECLOSURE OF LIENS FORDELINQUENT LAND TAXES
No. ........In the Circuit Court of .......County, Missouri.In the Matter of Foreclosure of Liensfor Delinquent Land TaxesCollector of Revenue of .......County, Missouri,Plaintiff,--vs.--Parcels of Land encumbered withDelinquent Tax Liens,Defendants.
WHEREAS, judgment has been rendered against parcels of real estate fortaxes, interest, penalties, attorney's fees and costs with the serialnumbers of each parcel of real estate, the description thereof, the name ofthe person appearing in the petition in the suit, and the total amount ofthe judgment against each such parcel for taxes, interest, penalties,attorney's fees and costs, all as set out in said judgment and described ineach case, respectively, as follows: (Here set out the respective serialnumbers, descriptions, names and total amounts of each judgment, next abovereferred to.) and,
WHEREAS, such judgment orders such real estate sold by the undersignedsheriff, to satisfy the total amount of such judgment, including interest,penalties, attorney's fees and costs,
NOW, THEREFORE,
Public Notice is hereby given that I ..........., Sheriff of............ County, Missouri, will sell such real estate, parcel byparcel, at public auction, to the highest bidder, for cash, between thehours of nine o'clock A.M. and five o'clock P.M., at the ...... front doorof the ...... County Courthouse in ......, Missouri, on ......, the ......day of ......, 20.., and continuing from day to day thereafter, to satisfythe judgment as to each respective parcel of real estate sold. If noacceptable bids are received as to any parcel of real estate, said parcelshall be sold to the Land Trust of ...... (insert name of County),Missouri.
Any bid received shall be subject to confirmation by the court.
.................................
Sheriff of .............. County,
Missouri..................................................Delinquent Land Tax AttorneyAddress: ....................First Publication ...............,20...
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 ofsuch sale, in a daily newspaper of general circulation regularly publishedin the county, qualified according to law for the publication of publicnotices and advertisements.
4. In addition to the provisions herein for notice and advertisementof sale, the county collector shall enter upon the property subject toforeclosure of these tax liens and post a written informational notice inany conspicuous location thereon. This notice shall describe the propertyand advise that it is the subject of delinquent land tax collectionproceedings before the circuit court brought pursuant to sections 141.210to 141.810 and that it may be sold for the payment of delinquent taxes at asale to be held at ten* o'clock a.m., date and place, and shall alsocontain a file number and the address and phone number of the collector.If the collector chooses to post such notices as authorized by thissubsection, such posting must be made not later than the fourteenth dayprior to the date of the sale.
5. The collector shall, concurrently with the beginning of thepublication of sale, cause to be prepared and sent by restricted,registered or certified mail with postage prepaid, a brief notice of thedate, location, and time of sale of property in foreclosure of tax lienspursuant to sections 141.210 to 141.810, to the persons named in thepetition as being the last known persons in whose names tax bills affectingthe respective parcels of real estate described in said petition were lastbilled or charged on the books of the collector, or the last known owner ofrecord, if different, and to the addresses of said persons upon saidrecords of the collector. The terms "restricted", "registered" or"certified mail" as used in this section mean mail which carries on theface thereof in a conspicuous place, where it will not be obliterated, theendorsement, "DELIVER TO ADDRESSEE ONLY", and which also requires a returnreceipt or a statement by the postal authorities that the addressee refusedto receive and receipt for such mail. If the notice is returned to thecollector by the postal authorities as undeliverable for reasons other thanthe refusal by the addressee to receive and receipt for the notice as shownby the return receipt, then the collector shall make a search of therecords maintained by the county, including those kept by the recorder ofdeeds, to discern the name and address of any person who, from suchrecords, appears as a successor to the person to whom the original noticewas addressed, and to cause another notice to be mailed to such person.The collector shall prepare and file with the circuit clerk prior toconfirmation hearings an affidavit reciting to the court any name, addressand serial number of the tract of real estate affected of any such noticesof sale that are undeliverable because of an addressee's refusal to receiveand receipt for the same, or of any notice otherwise nondeliverable bymail, or in the event that any name or address does not appear on therecords of the collector, then of that fact. The affidavit in addition tothe recitals set forth above shall also state reason for the nondelivery ofsuch notice.
6. The collector may, at his or her option, concurrently with thebeginning of the publication of sale, cause to be prepared and sent byrestricted, registered or certified mail with postage prepaid, a briefnotice of the date, location, and time of sale of property in foreclosureof tax liens pursuant to sections 141.210 to 141.810, to the mortgagee orsecurity holder, if known, of the respective parcels of real estatedescribed in said petition, and to the addressee of such mortgagee orsecurity holder according to the records of the collector. The terms"restricted", "registered" or "certified mail" as used in this section meanmail which carries on the face thereof in a conspicuous place, where itwill not be obliterated, the endorsement, "DELIVER TO ADDRESSEE ONLY", andwhich also requires a return receipt or a statement by the postalauthorities that the addressee refused to receive and receipt for suchmail. If the notice is returned to the collector by the postal authoritiesas undeliverable for reasons other than the refusal by the addressee toreceive and receipt for the notice as shown by the return receipt, then thecollector shall make a search of the records maintained by the county,including those kept by the recorder of deeds, to discern the name andaddress of any security holder who, from such records, appears as asuccessor to the security holder to whom the original notice was addressed,and to cause another notice to be mailed to such security holder. Thecollector shall prepare and file with the circuit clerk prior toconfirmation hearings an affidavit reciting to the court any name, addressand serial number of the tract of real estate affected by any such noticesof sale that are undeliverable because of an addressee's refusal to receiveand receipt for the same, or of any notice otherwise nondeliverable bymail, and stating the reason for the nondelivery of such notice.
(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)
*Section 141.550, subsection 2, provides time of sale to be between nine o'clock a.m. and five o'clock p.m.
Place of sale--form of advertisement--notice to be posted on land andsent to certain persons, procedure (first class charter counties, andClay and Buchanan counties).
141.540. 1. In any county at a certain front door of whosecourthouse sales of real estate are customarily made by the sheriff underexecution, the sheriff shall advertise for sale and sell the respectiveparcels of real estate ordered sold by him or her pursuant to any judgmentof foreclosure by any court pursuant to sections 141.210 to 141.810 at anyof such courthouses, but the sale of such parcels of real estate shall beheld at the same front door as sales of real estate are customarily made bythe sheriff under execution.
2. Such advertisements may include more than one parcel of realestate, and shall be in substantially the following form:NOTICE OF SHERIFF'S SALEUNDER JUDGMENT OFFORECLOSURE OF LIENS FORDELINQUENT LAND TAXES
No. ........In the Circuit Court of .......County, Missouri.In the Matter of Foreclosure of Liensfor Delinquent Land TaxesCollector of Revenue of .......County, Missouri,Plaintiff,--vs.--Parcels of Land encumbered withDelinquent Tax Liens,Defendants.
WHEREAS, judgment has been rendered against parcels of real estate fortaxes, interest, penalties, attorney's fees and costs with the serialnumbers of each parcel of real estate, the description thereof, the name ofthe person appearing in the petition in the suit, and the total amount ofthe judgment against each such parcel for taxes, interest, penalties,attorney's fees and costs, all as set out in said judgment and described ineach case, respectively, as follows: (Here set out the respective serialnumbers, descriptions, names and total amounts of each judgment, next abovereferred to.) and,
WHEREAS, such judgment orders such real estate sold by the undersignedsheriff, to satisfy the total amount of such judgment, including interest,penalties, attorney's fees and costs,
NOW, THEREFORE,
Public Notice is hereby given that I ..........., Sheriff of............ County, Missouri, will sell such real estate, parcel byparcel, at public auction, to the highest bidder, for cash, between thehours of nine o'clock A.M. and five o'clock P.M., at the ...... front doorof the ...... County Courthouse in ......, Missouri, on ......, the ......day of ......, 20.., and continuing from day to day thereafter, to satisfythe judgment as to each respective parcel of real estate sold. If noacceptable bids are received as to any parcel of real estate, said parcelshall be sold to the Land Trust of ...... (insert name of County),Missouri.
Any bid received shall be subject to confirmation by the court.
.................................
Sheriff of .............. County,
Missouri..................................................Delinquent Land Tax AttorneyAddress: ....................First Publication ...............,20...
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 ofsuch sale, in a daily newspaper of general circulation regularly publishedin the county, qualified according to law for the publication of publicnotices and advertisements.
4. In addition to the provisions herein for notice and advertisementof sale, the county collector shall enter upon the property subject toforeclosure of these tax liens and post a written informational notice inany conspicuous location thereon. This notice shall describe the propertyand advise that it is the subject of delinquent land tax collectionproceedings before the circuit court brought pursuant to sections 141.210to 141.810 and that it may be sold for the payment of delinquent taxes at asale to be held at ten* o'clock a.m., date and place, and shall alsocontain a file number and the address and phone number of the collector.If the collector chooses to post such notices as authorized by thissubsection, such posting must be made not later than the fourteenth dayprior to the date of the sale.
5. The collector shall, concurrently with the beginning of thepublication of sale, cause to be prepared and sent by restricted,registered or certified mail with postage prepaid, a brief notice of thedate, location, and time of sale of property in foreclosure of tax lienspursuant to sections 141.210 to 141.810, to the persons named in thepetition as being the last known persons in whose names tax bills affectingthe respective parcels of real estate described in said petition were lastbilled or charged on the books of the collector, or the last known owner ofrecord, if different, and to the addresses of said persons upon saidrecords of the collector. The terms "restricted", "registered" or"certified mail" as used in this section mean mail which carries on theface thereof in a conspicuous place, where it will not be obliterated, theendorsement, "DELIVER TO ADDRESSEE ONLY", and which also requires a returnreceipt or a statement by the postal authorities that the addressee refusedto receive and receipt for such mail. If the notice is returned to thecollector by the postal authorities as undeliverable for reasons other thanthe refusal by the addressee to receive and receipt for the notice as shownby the return receipt, then the collector shall make a search of therecords maintained by the county, including those kept by the recorder ofdeeds, to discern the name and address of any person who, from suchrecords, appears as a successor to the person to whom the original noticewas addressed, and to cause another notice to be mailed to such person.The collector shall prepare and file with the circuit clerk prior toconfirmation hearings an affidavit reciting to the court any name, addressand serial number of the tract of real estate affected of any such noticesof sale that are undeliverable because of an addressee's refusal to receiveand receipt for the same, or of any notice otherwise nondeliverable bymail, or in the event that any name or address does not appear on therecords of the collector, then of that fact. The affidavit in addition tothe recitals set forth above shall also state reason for the nondelivery ofsuch notice.
6. The collector may, at his or her option, concurrently with thebeginning of the publication of sale, cause to be prepared and sent byrestricted, registered or certified mail with postage prepaid, a briefnotice of the date, location, and time of sale of property in foreclosureof tax liens pursuant to sections 141.210 to 141.810, to the mortgagee orsecurity holder, if known, of the respective parcels of real estatedescribed in said petition, and to the addressee of such mortgagee orsecurity holder according to the records of the collector. The terms"restricted", "registered" or "certified mail" as used in this section meanmail which carries on the face thereof in a conspicuous place, where itwill not be obliterated, the endorsement, "DELIVER TO ADDRESSEE ONLY", andwhich also requires a return receipt or a statement by the postalauthorities that the addressee refused to receive and receipt for suchmail. If the notice is returned to the collector by the postal authoritiesas undeliverable for reasons other than the refusal by the addressee toreceive and receipt for the notice as shown by the return receipt, then thecollector shall make a search of the records maintained by the county,including those kept by the recorder of deeds, to discern the name andaddress of any security holder who, from such records, appears as asuccessor to the security holder to whom the original notice was addressed,and to cause another notice to be mailed to such security holder. Thecollector shall prepare and file with the circuit clerk prior toconfirmation hearings an affidavit reciting to the court any name, addressand serial number of the tract of real estate affected by any such noticesof sale that are undeliverable because of an addressee's refusal to receiveand receipt for the same, or of any notice otherwise nondeliverable bymail, and stating the reason for the nondelivery of such notice.
(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)
*Section 141.550, subsection 2, provides time of sale to be between nine o'clock a.m. and five o'clock p.m.
