State Codes and Statutes

Statutes > Missouri > T10 > C141 > 141_550

Conduct of sale--interests conveyed--special sale procedures forCertain counties, certain owners prohibited from bidding--cost ofpublication (first class charter counties, and Clay and Buchanancounties).

141.550. 1. The sale shall be conducted, the sheriff's returnthereof made, and the sheriff's deed pursuant to the sale executed, all asprovided in the case of sales of real estate taken under execution exceptas otherwise provided in sections 141.210 to 141.810, and provided thatsuch sale need not occur during the term of court or while the court is insession.

2. The following provisions shall apply to any sale pursuant to thissection of property located within any municipality contained wholly orpartially within a county with a population of over six hundred thousandand less than nine hundred thousand:

(1) The sale shall be held on the day for which it is advertised,between the hours of nine** o'clock a.m. and five o'clock p.m. andcontinued day to day thereafter to satisfy the judgment as to eachrespective parcel of real estate sold;

(2) The sale shall be conducted publicly, by auction, for readymoney. The highest bidder shall be the purchaser unless the highest bid isless than the full amount of all tax bills included in the judgment,interest, penalties, attorney's fees and costs then due thereon. No personshall be eligible to bid at the time of the sale unless such person has, nolater than ten days before the sale date, demonstrated to the satisfactionof the official charged by law with conducting the sale that he or she isnot the owner of any parcel of real estate in the county which is affectedby a tax bill which has been delinquent for more than six months and is notthe owner of any parcel of real property with two or more violations of themunicipality's building or housing codes. A prospective bidder may makesuch a demonstration by presenting statements from the appropriatecollection and code enforcement officials of the municipality.

3. Such sale shall convey the whole interest of every person havingor claiming any right, title or interest in or lien upon such real estate,whether such person has answered or not, subject to rights-of-way thereonof public utilities upon which tax has been otherwise paid, and subject tothe lien thereon, if any, of the United States of America.

4. The collector shall advance the sums necessary to pay for thepublication of all advertisements required by sections 141.210 to 141.810and shall be allowed credit therefor in his or her accounts with thecounty. The collector shall give credit in such accounts for all suchadvances recovered by him or her. Such expenses of publication shall beapportioned pro rata among and taxed as costs against the respectiveparcels of real estate described in the judgment; provided, however, thatnone of the costs herein enumerated, including the costs of publication,shall constitute any lien upon the real estate after such sale.

(L. 1943 p. 1029 § 26, A.L. 1945 p. 1761, A.L. 1998 H.B. 977 & 1608, S.B. 778, A.L. 2000 H.B. 1238)

*This section was amended by both H.B. 1238 and S.B. 894 during the 2nd Regular Session of the 90th General Assembly, 2000. Due to possible conflict, both versions are printed here.

**See section 141.540, subsection 4, which provides for sale of property at ten o'clock a.m.

Conduct of sale--interests conveyed--special sale procedures forcertain counties, prohibited purchasers--cost of publication (firstclass charter counties).

141.550. 1. The sale shall be conducted, the sheriff's returnthereof made, and the sheriff's deed pursuant to the sale executed, all asprovided in the case of sales of real estate taken under execution exceptas otherwise provided in sections 141.210 to 141.810, and provided thatsuch sale need not occur during the term of court or while the court is insession.

2. The following provisions shall apply to any sale pursuant to thissection of property located within any municipality contained wholly orpartially within a county with a population of over six hundred thousandand less than nine hundred thousand:

(1) The sale shall be held on the day for which it is advertised,between the hours of nine** o'clock a.m. and five o'clock p.m. andcontinued day to day thereafter to satisfy the judgment as to eachrespective parcel of real estate sold;

(2) The sale shall be conducted publicly, by auction, for readymoney. The highest bidder shall be the purchaser unless the highest bid isless than the full amount of all tax bills included in the judgment,interest, penalties, attorney's fees and costs then due thereon. No personshall be eligible to bid at the time of the sale unless such person has, nolater than ten days before the sale date, demonstrated to the satisfactionof the official charged by law with conducting the sale that he or she isnot the owner of any parcel of real estate in the county which is affectedby a tax bill which has been delinquent for more than six months and is notthe owner of any parcel of real property with two or more convictions basedon violations occurring within a two-year period of the municipality'sbuilding or housing codes. A prospective bidder may make such ademonstration by presenting statements from the appropriate collection andcode enforcement officials of the municipality.

3. Such sale shall convey the whole interest of every person havingor claiming any right, title or interest in or lien upon such real estate,whether such person has answered or not, subject to rights-of-way thereonof public utilities upon which tax has been otherwise paid, and subject tothe lien thereon, if any, of the United States of America.

4. The collector shall advance the sums necessary to pay for thepublication of all advertisements required by sections 141.210 to 141.810and shall be allowed credit therefor in his or her accounts with thecounty. The collector shall give credit in such accounts for all suchadvances recovered by him or her. Such expenses of publication shall beapportioned pro rata among and taxed as costs against the respectiveparcels of real estate described in the judgment; provided, however, thatnone of the costs herein enumerated, including the costs of publication,shall constitute any lien upon the real estate after such sale.

(L. 1943 p. 1029 § 26, A.L. 1945 p. 1761, A.L. 1998 H.B. 977 & 1608, S.B. 778, A.L. 2000 S.B. 894)

*This section was amended by both H.B. 1238 and S.B. 894 during the 2nd Regular Session of the 90th General Assembly, 2000. Due to possible conflict, both versions are printed here.

**See section 141.540, subsection 4, which provides for sale of property at ten o'clock a.m.

(2002) Senate Bill 894 provision declared unconstitutional as a violation of the clear title requirement of Art. III, Section 23. Home Builders of Greater St. Louis v. State, 75 S.W.3d 267 (Mo.banc).

State Codes and Statutes

Statutes > Missouri > T10 > C141 > 141_550

Conduct of sale--interests conveyed--special sale procedures forCertain counties, certain owners prohibited from bidding--cost ofpublication (first class charter counties, and Clay and Buchanancounties).

141.550. 1. The sale shall be conducted, the sheriff's returnthereof made, and the sheriff's deed pursuant to the sale executed, all asprovided in the case of sales of real estate taken under execution exceptas otherwise provided in sections 141.210 to 141.810, and provided thatsuch sale need not occur during the term of court or while the court is insession.

2. The following provisions shall apply to any sale pursuant to thissection of property located within any municipality contained wholly orpartially within a county with a population of over six hundred thousandand less than nine hundred thousand:

(1) The sale shall be held on the day for which it is advertised,between the hours of nine** o'clock a.m. and five o'clock p.m. andcontinued day to day thereafter to satisfy the judgment as to eachrespective parcel of real estate sold;

(2) The sale shall be conducted publicly, by auction, for readymoney. The highest bidder shall be the purchaser unless the highest bid isless than the full amount of all tax bills included in the judgment,interest, penalties, attorney's fees and costs then due thereon. No personshall be eligible to bid at the time of the sale unless such person has, nolater than ten days before the sale date, demonstrated to the satisfactionof the official charged by law with conducting the sale that he or she isnot the owner of any parcel of real estate in the county which is affectedby a tax bill which has been delinquent for more than six months and is notthe owner of any parcel of real property with two or more violations of themunicipality's building or housing codes. A prospective bidder may makesuch a demonstration by presenting statements from the appropriatecollection and code enforcement officials of the municipality.

3. Such sale shall convey the whole interest of every person havingor claiming any right, title or interest in or lien upon such real estate,whether such person has answered or not, subject to rights-of-way thereonof public utilities upon which tax has been otherwise paid, and subject tothe lien thereon, if any, of the United States of America.

4. The collector shall advance the sums necessary to pay for thepublication of all advertisements required by sections 141.210 to 141.810and shall be allowed credit therefor in his or her accounts with thecounty. The collector shall give credit in such accounts for all suchadvances recovered by him or her. Such expenses of publication shall beapportioned pro rata among and taxed as costs against the respectiveparcels of real estate described in the judgment; provided, however, thatnone of the costs herein enumerated, including the costs of publication,shall constitute any lien upon the real estate after such sale.

(L. 1943 p. 1029 § 26, A.L. 1945 p. 1761, A.L. 1998 H.B. 977 & 1608, S.B. 778, A.L. 2000 H.B. 1238)

*This section was amended by both H.B. 1238 and S.B. 894 during the 2nd Regular Session of the 90th General Assembly, 2000. Due to possible conflict, both versions are printed here.

**See section 141.540, subsection 4, which provides for sale of property at ten o'clock a.m.

Conduct of sale--interests conveyed--special sale procedures forcertain counties, prohibited purchasers--cost of publication (firstclass charter counties).

141.550. 1. The sale shall be conducted, the sheriff's returnthereof made, and the sheriff's deed pursuant to the sale executed, all asprovided in the case of sales of real estate taken under execution exceptas otherwise provided in sections 141.210 to 141.810, and provided thatsuch sale need not occur during the term of court or while the court is insession.

2. The following provisions shall apply to any sale pursuant to thissection of property located within any municipality contained wholly orpartially within a county with a population of over six hundred thousandand less than nine hundred thousand:

(1) The sale shall be held on the day for which it is advertised,between the hours of nine** o'clock a.m. and five o'clock p.m. andcontinued day to day thereafter to satisfy the judgment as to eachrespective parcel of real estate sold;

(2) The sale shall be conducted publicly, by auction, for readymoney. The highest bidder shall be the purchaser unless the highest bid isless than the full amount of all tax bills included in the judgment,interest, penalties, attorney's fees and costs then due thereon. No personshall be eligible to bid at the time of the sale unless such person has, nolater than ten days before the sale date, demonstrated to the satisfactionof the official charged by law with conducting the sale that he or she isnot the owner of any parcel of real estate in the county which is affectedby a tax bill which has been delinquent for more than six months and is notthe owner of any parcel of real property with two or more convictions basedon violations occurring within a two-year period of the municipality'sbuilding or housing codes. A prospective bidder may make such ademonstration by presenting statements from the appropriate collection andcode enforcement officials of the municipality.

3. Such sale shall convey the whole interest of every person havingor claiming any right, title or interest in or lien upon such real estate,whether such person has answered or not, subject to rights-of-way thereonof public utilities upon which tax has been otherwise paid, and subject tothe lien thereon, if any, of the United States of America.

4. The collector shall advance the sums necessary to pay for thepublication of all advertisements required by sections 141.210 to 141.810and shall be allowed credit therefor in his or her accounts with thecounty. The collector shall give credit in such accounts for all suchadvances recovered by him or her. Such expenses of publication shall beapportioned pro rata among and taxed as costs against the respectiveparcels of real estate described in the judgment; provided, however, thatnone of the costs herein enumerated, including the costs of publication,shall constitute any lien upon the real estate after such sale.

(L. 1943 p. 1029 § 26, A.L. 1945 p. 1761, A.L. 1998 H.B. 977 & 1608, S.B. 778, A.L. 2000 S.B. 894)

*This section was amended by both H.B. 1238 and S.B. 894 during the 2nd Regular Session of the 90th General Assembly, 2000. Due to possible conflict, both versions are printed here.

**See section 141.540, subsection 4, which provides for sale of property at ten o'clock a.m.

(2002) Senate Bill 894 provision declared unconstitutional as a violation of the clear title requirement of Art. III, Section 23. Home Builders of Greater St. Louis v. State, 75 S.W.3d 267 (Mo.banc).


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T10 > C141 > 141_550

Conduct of sale--interests conveyed--special sale procedures forCertain counties, certain owners prohibited from bidding--cost ofpublication (first class charter counties, and Clay and Buchanancounties).

141.550. 1. The sale shall be conducted, the sheriff's returnthereof made, and the sheriff's deed pursuant to the sale executed, all asprovided in the case of sales of real estate taken under execution exceptas otherwise provided in sections 141.210 to 141.810, and provided thatsuch sale need not occur during the term of court or while the court is insession.

2. The following provisions shall apply to any sale pursuant to thissection of property located within any municipality contained wholly orpartially within a county with a population of over six hundred thousandand less than nine hundred thousand:

(1) The sale shall be held on the day for which it is advertised,between the hours of nine** o'clock a.m. and five o'clock p.m. andcontinued day to day thereafter to satisfy the judgment as to eachrespective parcel of real estate sold;

(2) The sale shall be conducted publicly, by auction, for readymoney. The highest bidder shall be the purchaser unless the highest bid isless than the full amount of all tax bills included in the judgment,interest, penalties, attorney's fees and costs then due thereon. No personshall be eligible to bid at the time of the sale unless such person has, nolater than ten days before the sale date, demonstrated to the satisfactionof the official charged by law with conducting the sale that he or she isnot the owner of any parcel of real estate in the county which is affectedby a tax bill which has been delinquent for more than six months and is notthe owner of any parcel of real property with two or more violations of themunicipality's building or housing codes. A prospective bidder may makesuch a demonstration by presenting statements from the appropriatecollection and code enforcement officials of the municipality.

3. Such sale shall convey the whole interest of every person havingor claiming any right, title or interest in or lien upon such real estate,whether such person has answered or not, subject to rights-of-way thereonof public utilities upon which tax has been otherwise paid, and subject tothe lien thereon, if any, of the United States of America.

4. The collector shall advance the sums necessary to pay for thepublication of all advertisements required by sections 141.210 to 141.810and shall be allowed credit therefor in his or her accounts with thecounty. The collector shall give credit in such accounts for all suchadvances recovered by him or her. Such expenses of publication shall beapportioned pro rata among and taxed as costs against the respectiveparcels of real estate described in the judgment; provided, however, thatnone of the costs herein enumerated, including the costs of publication,shall constitute any lien upon the real estate after such sale.

(L. 1943 p. 1029 § 26, A.L. 1945 p. 1761, A.L. 1998 H.B. 977 & 1608, S.B. 778, A.L. 2000 H.B. 1238)

*This section was amended by both H.B. 1238 and S.B. 894 during the 2nd Regular Session of the 90th General Assembly, 2000. Due to possible conflict, both versions are printed here.

**See section 141.540, subsection 4, which provides for sale of property at ten o'clock a.m.

Conduct of sale--interests conveyed--special sale procedures forcertain counties, prohibited purchasers--cost of publication (firstclass charter counties).

141.550. 1. The sale shall be conducted, the sheriff's returnthereof made, and the sheriff's deed pursuant to the sale executed, all asprovided in the case of sales of real estate taken under execution exceptas otherwise provided in sections 141.210 to 141.810, and provided thatsuch sale need not occur during the term of court or while the court is insession.

2. The following provisions shall apply to any sale pursuant to thissection of property located within any municipality contained wholly orpartially within a county with a population of over six hundred thousandand less than nine hundred thousand:

(1) The sale shall be held on the day for which it is advertised,between the hours of nine** o'clock a.m. and five o'clock p.m. andcontinued day to day thereafter to satisfy the judgment as to eachrespective parcel of real estate sold;

(2) The sale shall be conducted publicly, by auction, for readymoney. The highest bidder shall be the purchaser unless the highest bid isless than the full amount of all tax bills included in the judgment,interest, penalties, attorney's fees and costs then due thereon. No personshall be eligible to bid at the time of the sale unless such person has, nolater than ten days before the sale date, demonstrated to the satisfactionof the official charged by law with conducting the sale that he or she isnot the owner of any parcel of real estate in the county which is affectedby a tax bill which has been delinquent for more than six months and is notthe owner of any parcel of real property with two or more convictions basedon violations occurring within a two-year period of the municipality'sbuilding or housing codes. A prospective bidder may make such ademonstration by presenting statements from the appropriate collection andcode enforcement officials of the municipality.

3. Such sale shall convey the whole interest of every person havingor claiming any right, title or interest in or lien upon such real estate,whether such person has answered or not, subject to rights-of-way thereonof public utilities upon which tax has been otherwise paid, and subject tothe lien thereon, if any, of the United States of America.

4. The collector shall advance the sums necessary to pay for thepublication of all advertisements required by sections 141.210 to 141.810and shall be allowed credit therefor in his or her accounts with thecounty. The collector shall give credit in such accounts for all suchadvances recovered by him or her. Such expenses of publication shall beapportioned pro rata among and taxed as costs against the respectiveparcels of real estate described in the judgment; provided, however, thatnone of the costs herein enumerated, including the costs of publication,shall constitute any lien upon the real estate after such sale.

(L. 1943 p. 1029 § 26, A.L. 1945 p. 1761, A.L. 1998 H.B. 977 & 1608, S.B. 778, A.L. 2000 S.B. 894)

*This section was amended by both H.B. 1238 and S.B. 894 during the 2nd Regular Session of the 90th General Assembly, 2000. Due to possible conflict, both versions are printed here.

**See section 141.540, subsection 4, which provides for sale of property at ten o'clock a.m.

(2002) Senate Bill 894 provision declared unconstitutional as a violation of the clear title requirement of Art. III, Section 23. Home Builders of Greater St. Louis v. State, 75 S.W.3d 267 (Mo.banc).