Mo. Rev. Stat. ch. 140

Mo. Rev. Stat. ch. 140
in effect

Mo. Rev. Stat. § 140.010 County collector - enforcement of state's lien - alternative, partial ...

140.010. County collector — enforcement of state's lien — alternative, partial opt-in county. — 1. All real estate upon which the taxes remain unpaid on the first day of January, annually, are delinquent, and the county collector shall enforce the lien of the state thereon, as required by this chapter. Any failure to properly return the delinquent list, as required by this chapter, in no way affects the validity of the assessment and levy of taxes, nor of the foreclosure and sale by which the collection of the taxes is enforced, nor in any manner affects the lien of the state on the delinquent real estate for the taxes unpaid thereon. 2. Alternatively, any county may, by adoption of a resolution or order of the county commission of such county, elect to operate under the provisions of sections 141.210 to 141.810 for any parcel for which there is an unpaid tax bill for a period of at least two years after the date on which it became delinquent. Any county electing to operate as such shall be called a "partial opt-in county" . No county eligible to establish a land bank agency under subsection 1 of section 140.981 shall elect to operate as a partial opt-in county unless the county first elects to establish a land bank agency as provided in subsection 1 of section 140.981 . In accordance with section 141.290 , after the adoption of such resolution or order by a county commission, the collector of the county shall decide which tax delinquent parcels shall proceed according to the provisions of sections 141.210 to 141.810 . Such parcels shall be exempt from the provisions of sections 140.030 to 140.722 . The collector shall remove such parcels from any list of parcels advertised for first, second, third, or post-third sales. (RSMo 1939 § 11108, A.L. 1959 H.B. 106, A.L. 2024 H.B. 2062) Prior revisions: 1929 § 9936; 1919 § 12928; 1909 § 11482

Mo. Rev. Stat. § 140.030 Collector to make delinquent lists.

140.030. Collector to make delinquent lists. — Whenever any collector shall be unable to collect any taxes specified on the tax book, having diligently endeavored and used all lawful means to collect the same, he shall make lists thereof, one to be called the "tangible personal property delinquent list", in which shall be stated the names of all persons owing taxes on tangible personal property, where taxes cannot be collected, alphabetically arranged, with the amount due from each, and the other to be called the "land delinquent list", in which shall be stated the taxes on lands and town lots where taxes have not been collected, with a full description of said lands and lots, and the amount of taxes due thereon, set opposite each tract of land or town lot; and a like list of all delinquent clerks and other officers required to pay to the collector the amount of revenue by them respectively received, to be called the "delinquent list of officers". (RSMo 1939 § 11110, A.L. 1945 p. 1847) Prior revisions: 1929 § 9938; 1919 § 12930; 1909 § 11484

Mo. Rev. Stat. § 140.040 Correction of delinquent lists by county commission - certified to whom.

140.040. Correction of delinquent lists by county commission — certified to whom. — At the term of the county commission at which the several delinquent lists are required by law to be returned and certified, the commission shall examine and compare the list of lands and town lots on which the taxes remain due and unpaid. If any lands or town lots have been assessed more than once, or if any of the lands or town lots are not subject to taxation, or if the legal subdivision is incorrectly described, in all these cases the commission shall correct the error by the best means in their power, and cause the list so corrected to be certified and filed in the office of the clerk of the county commission. (RSMo 1939 § 11114, A.L. 1945 p. 1910, A.L. 1959 H.B. 106) Prior revisions: 1929 § 9942; 1919 § 12934; 1909 § 11488

Mo. Rev. Stat. § 140.050 Clerk to make back tax book - delivery to collector, collection - ...

140.050. Clerk to make back tax book — delivery to collector, collection — correction of omissions. — 1. Except as provided in section 52.361 , the county clerk shall file the delinquent lists in the county clerk's office and within ten days thereafter make, under the seal of the commission, the lists into a back tax book as provided in section 140.060 . 2. Except as provided in section 52.361 , when completed, the clerk shall deliver the book or an electronic copy thereof to the collector taking duplicate receipts therefor, one of which the clerk shall file in the clerk's office and the other the clerk shall file with the director of revenue. The clerk shall charge the collector with the aggregate amount of taxes, interest, and clerk's fees contained in the back tax book. 3. The collector shall collect such back taxes and may levy upon, seize and distrain tangible personal property and may sell such property for taxes. 4. In the city of St. Louis, the city comptroller or other proper officer shall return the back tax book together with the uncollected tax bills within thirty days to the city collector. 5. If any county commission or clerk in counties not having a county auditor fails to comply with section 140.040 and this section, to the extent that the collection of taxes cannot be enforced by law, the county commission or clerk, or their successors in office, shall correct such omissions at once and return the back tax book to the collector who shall collect such taxes. (RSMo 1939 § 11115, A.L. 1945 p. 1847 § 11120, A.L. 1945 p. 1910, A. 1949 S.B. 1024, A.L. 2010 H.B. 1316, A.L. 2013 H.B. 175 merged with S.B. 248) Prior revisions: 1929 §§ 9943, 9948; 1919 §§ 12935, 12940; 1909 §§ 11489, 11494 CROSS REFERENCE: Collector to prepare back tax book in certain counties, 52.361

Mo. Rev. Stat. § 140.060 Back tax book - contents - interest.

140.060. Back tax book — contents — interest. — 1. The back tax book shall be made up as follows: (1) All tracts of land or city lots on which back taxes are due shall be listed in numerical order with the legal description thereof; (2) The name of the owner, if known, and if unknown, the name of the person to whom the land was last assessed shall be set forth opposite each tract of land or city or town lot; (3) In appropriate columns shall be entered the year or years for which the land is delinquent, the amount of original tax due each fund, the interest due on the tax at the time of making the back tax book, the clerk's fees then due, and the aggregate amount of taxes, interest, and clerk's fees charged against the land for all the years delinquent. (RSMo 1939 § 11120, A.L. 1945 p. 1910, A. 1949 S.B. 1024, A.L. 1959 H.B. 106) Prior revisions: 1929 § 9948; 1919 § 12940; 1909 § 11494

Mo. Rev. Stat. § 140.070 Delinquent real estate taxes extended into back tax book.

140.070. Delinquent real estate taxes extended into back tax book. — All back taxes, of whatever kind, whether state, county or school, or of any city or incorporated town, which return delinquent tax lists to the county collector to collect, appearing due upon delinquent real estates shall be extended in the back tax book made under this chapter or chapter 52 . In case the collector of any city or town has omitted or neglected to return to the county collector a list of delinquent lands and lots, as required by section 140.670 , the present authorities of the city or town may cause the delinquent list to be certified, as by that section contemplated, and the delinquent taxes shall be by the county clerk put upon the back tax book and collected by the collector under authority of this chapter. (RSMo 1939 § 11116, A.L. 1945 p. 1847, A.L. 1959 H.B. 106, A.L. 2010 H.B. 1316) Prior revisions: 1929 § 9944; 1919 12936; 1909 § 11490

Mo. Rev. Stat. § 140.080 County clerk and collector, comparison of lists - clerk's certification.

140.080. County clerk and collector, comparison of lists — clerk's certification. — Except as provided in section 52.361 , the county clerk and the county collector shall compare the back tax book with the corrected delinquent land list made pursuant to sections 140.030 and 140.040 respectively, and the clerk shall certify on the delinquent land list on file in the clerk's office that the list has been properly entered in the back tax book and shall attach a certificate at the end of the back tax book that it contains a true copy of the delinquent land list on file in the collector's office. (RSMo 1939 § 11124, A.L. 1945 p. 1910, A. 1949 S.B. 1024, A.L. 1959 H.B. 106, A.L. 2010 H.B. 1316)

Mo. Rev. Stat. § 140.090 Back tax book to be in alphabetical order.

140.090. Back tax book to be in alphabetical order. — In counties where an alphabetical arrangement of the land list in the assessor's book has been ordered by the county commission, the back tax book shall be made out in alphabetical order, in the name of the owner, if known, and if not known in the name of the person to whom the tract or lot was last assessed. (RSMo 1939 § 11117, A. 1949 S.B. 1024) Prior revisions: 1929 § 9945; 1919 § 12937; 1909 § 11491

Mo. Rev. Stat. § 140.100 Penalty against delinquent lands - recording fee - additional recording ...

140.100. Penalty against delinquent lands — recording fee — additional recording fee, charter counties and St. Louis City. — 1. Each tract of land in the back tax book, in addition to the amount of tax delinquent, shall be charged with a penalty of eighteen percent of each year's delinquency except that the penalty on lands redeemed prior to sale shall not exceed two percent per month or fractional part thereof. 2. For making and recording the delinquent land lists, the collector and the clerk shall receive ten cents per tract or lot and the clerk shall receive five cents per tract or lot for comparing and authenticating such list. 3. In all counties except counties having a charter form of government before January 1, 2008, and any city not within a county, in addition to the amount collected in subsection 2 of this section, for making and recording the delinquent land lists, the collector and the clerk shall each receive five dollars per tract or lot. The ten dollars shall be paid into the county employees' retirement fund established pursuant to section 50.1010 . (RSMo 1939 §§ 11117, 11124, A.L. 1945 p. 1910, A. 1949 S.B. 1024, A.L. 1982 H.B. 1351, et al., A.L. 1999 S.B. 76, A.L. 2010 H.B. 1316, A.L. 2017 S.B. 62) Prior revisions: 1929 § 9945; 1919 § 12937; 1909 § 11491 Effective 1-01-18 CROSS REFERENCE: Collector's commission on delinquent taxes added to tax bill, 52.290

Mo. Rev. Stat. § 140.110 Collection of back taxes, payments applied, how, exceptions - removal of lien.

140.110. Collection of back taxes, payments applied, how, exceptions — removal of lien. — 1. The collectors of the respective counties shall collect the taxes contained in the back tax book. Any person interested in or the owner of any tract of land or lot contained in the back tax book may redeem the tract of land or town lot, or any part thereof, from the state's lien thereon, by paying to the proper collector the amount of the original taxes, as charged against the tract of land or town lot described in the back tax book together with interest from the day upon which the tax first became delinquent at the rate specified in section 140.100 . 2. Any payment for personal property taxes received by the county collector shall first be applied to the oldest of any back delinquent personal taxes on the back tax book before a county collector accepts any payment for all or any part of personal property taxes due and assessed on the current tax book. 3. Any payment for real property taxes received by the county collector shall first be applied to the oldest of any back delinquent taxes on the same individual parcel of real estate on the back tax book before a county collector accepts payment for real property taxes due and assessed on the current tax book. 4. Subsection 3 of this section shall not apply to payment for real property taxes by financial institutions, as defined in section 381.410 , who pay tax obligations which they service from escrow accounts, as defined in Title 24, Part 3500, Section 17, Code of Federal Regulations. (RSMo 1939 § 11121, A.L. 1959 H.B. 106, A.L. 1999 S.B. 394, A.L. 2000 H.B. 1238 merged with S.B. 894 merged with S.B. 896, A.L. 2002 S.B. 997, A.L. 2010 H.B. 1316) Prior revisions: 1929 § 9949; 1919 § 12941; 1909 § 11495

Mo. Rev. Stat. § 140.115 Lien prohibited on property in back tax book, when.

140.115. Lien prohibited on property in back tax book, when. — Any person other than the owner or a mortgagee or other lienholder described in section 139.070 who pays the original taxes, as charged against the tract of land or town lot described in the back tax book, together with interest from the day upon which the tax first became delinquent at the rate specified in section 140.100 shall not invoke a lien on said property or person without the knowledge and consent of the owner. Any such lien so invoked on said property or person without the knowledge and consent of the owner shall be null and void. (L. 2013 H.B. 175 merged with S.B. 248)

Mo. Rev. Stat. § 140.120 May compromise back taxes.

140.120. May compromise back taxes. — If it appears to any county commission, that any tract of land or town lot contained in the back tax book is not worth the amount of taxes, interest and cost due thereon, as charged in the back tax book or that the same would not sell for the amount of the taxes, interest and cost, the commission may compromise the taxes with the owner of the tract or lot. Upon payment to the collector of the amount agreed upon, a certificate of redemption shall be issued under the seal of the commission, which shall release the lands from the lien of the state and all taxes due thereon, as charged on the back tax book. If the commission compromises and accepts a less amount than appears to be due on any tract of land or town lot, as charged on said back tax book, the commission shall order the amount so paid to be distributed to the various funds to which the taxes are due, in proportion as the amount received bears to the whole amount charged against the tract or lot. (RSMo 1939 § 11122, A.L. 1959 H.B. 106) Prior revisions: 1929 § 9950; 1919 § 12942; 1909 § 11496

Mo. Rev. Stat. § 140.130 Examination of back tax books by board of equalization.

140.130. Examination of back tax books by board of equalization. — At every annual settlement made by a collector of the revenue after this chapter shall take effect, all delinquent real estate and delinquent personal tax lists and back tax bills for taxes on real estate and tangible personal property shall be carefully examined by the board of equalization and if there appear thereon any back tax bills which have appeared thereon for a period of five years or more which, in the opinion of a majority of said board, are too small to justify the expense of suit or foreclosure, or which are against exempt property, or which are against property which is not worth the taxes, interest and cost, and cannot be compromised as provided by law, the same shall, upon order of such board or a majority thereof, be stricken from such delinquent real estate or back tax books and the tax bills therefor shall be cancelled by the collector. (RSMo 1939 § 11123, A.L. 1945 p. 1847) Prior revisions: 1929 § 9951; 1919 § 12943

Mo. Rev. Stat. § 140.140 Collector - reports.

140.140. Collector — reports. — The collector shall make diligent endeavor to collect all taxes upon said back tax book, and whenever he finds that any taxes therein have been paid, he shall report that fact to the county commission, or other proper officer, giving the name of the officer or person to whom such taxes were paid; and he shall also report to the commission, or other proper officer, all cases of double assessment or other errors, and thereupon the commission, or other proper officer, shall cause the necessary action to be taken and entries to be made. (RSMo 1939 § 11119) Prior revisions: 1929 § 9947; 1919 § 12939; 1909 § 11493

Mo. Rev. Stat. § 140.150 Lands, lots, mineral rights, and royalty interests subject to sale, when.

140.150. Lands, lots, mineral rights, and royalty interests subject to sale, when. — 1. All lands, lots, mineral rights, and royalty interests on which taxes or special assessments are delinquent and unpaid are subject to sale to discharge the lien for the delinquent and unpaid taxes or unpaid special assessments as provided for in this chapter on the fourth Monday in August of each year. 2. No real property, lots, mineral rights, or royalty interests shall be sold for state, county or city taxes or special assessments without judicial proceedings, unless the notice of sale contains the names of all record owners thereof, or the names of all owners appearing on the land tax book and all other information required by law. Delinquent taxes or unpaid special assessments, penalty, interest and costs due thereon may be paid to the county collector at any time before the property is sold therefor. The collector shall send notices to the publicly recorded owner of record before any delinquent and unpaid taxes or unpaid special assessments as specified in this section subject to sale are published. The first notice shall be by first class mail. A second notice shall be sent by certified mail only if the assessed valuation of the property is greater than one thousand dollars. If the assessed valuation of the property is not greater than one thousand dollars, only the first notice shall be required. If any second notice sent by certified mail under this section is returned to the collector unsigned, then notice shall be sent before the sale by first class mail to both the owner of record and the occupant of the real property. The postage for the mailing of the notices shall be paid out of the county treasury, and such costs shall be added to the costs of conducting the sale, and the county treasury shall be reimbursed to the extent that such postage costs are recovered at the sale. The failure of the taxpayer or the publicly recorded owner to receive the notice provided for in this section shall not relieve the taxpayer or publicly recorded owner of any tax liability imposed by law. 3. The entry in the back tax book by the county clerk of the delinquent lands, lots, mineral rights, and royalty interests constitutes a levy upon the delinquent lands, lots, mineral rights, and royalty interests for the purpose of enforcing the lien of delinquent and unpaid taxes or unpaid special assessments, together with penalty, interest and costs. (RSMo 1939 § 11125, A.L. 1945 p. 1847, A.L. 1947 V. II p. 430, A.L. 1959 H.B. 106, A.L. 2003 S.B. 295, A.L. 2005 H.B. 58 merged with S.B. 210, A.L. 2010 H.B. 1316, A.L. 2013 H.B. 175 merged with S.B. 248) CROSS REFERENCE: Requisites for sale of land for taxes, Const. Art. X § 13

Mo. Rev. Stat. § 140.160 Limitation of actions, exceptions - county auditor to annually audit.

140.160. Limitation of actions, exceptions — county auditor to annually audit. — 1. No proceedings for the sale of land and lots for delinquent taxes pursuant to this chapter or unpaid special assessments, relating to the collection of delinquent and back taxes and unpaid special assessments and providing for foreclosure sale and redemption of land and lots therefor, shall be valid unless initial proceedings therefor shall be commenced within three years after delinquency of such taxes and unpaid special assessments, and any sale held pursuant to initial proceedings commenced within such period of three years shall be deemed to have been in compliance with the provisions of said law insofar as the time at which such sales are to be had is specified therein; provided further, that in suits or actions to collect delinquent drainage and/or levee assessments on real estate such suits or actions shall be commenced within three years after delinquency, otherwise no suit or action therefor shall be commenced, had or maintained, except that the three-year limitation described in this subsection shall not be applicable if any written instrument conveys any real estate having a tax-exempt status, if such instrument causes such real estate to again become taxable real property and if such instrument has not been recorded in the office of the recorder in the county in which the real estate has been situated. Such three-year limitation shall only be applicable once the recording of the title has occurred. 2. The county auditor in all counties having a county auditor shall annually audit collections, deposits, and supporting reports of the collector and provide a copy of such audit to the county collector and to the governing body of the county. A copy of the audit may be provided to all applicable taxing entities within the county at the discretion of the county collector. (RSMo 1939 § 11165, A.L. 1979 S.B. 385, A.L. 1987 S.B. 65, et al., A.L. 2000 H.B. 1238 merged with S.B. 894 merged with S.B. 896, A.L. 2005 S.B. 210, A.L. 2010 H.B. 1316, A.L. 2013 H.B. 175 merged with S.B. 248) Prior revisions: 1929 § 9961; 1919 § 12951; 1909 § 11504

Mo. Rev. Stat. § 140.170 County collector to publish delinquent land list - contents - site of sale ...

*140.170. County collector to publish delinquent land list — contents — site of sale — expenses — publisher's affidavit to be recorded — exception for certain property, contents of list. — 1. Except for lands described in subsection 7 of this section, the county collector shall cause a copy of the list of delinquent lands and lots to be printed in some newspaper of general circulation published in the county for three consecutive weeks, one insertion weekly, before the sale, the last insertion to be at least fifteen days prior to the fourth Monday in August. 2. In addition to the names of all record owners or the names of all owners appearing on the land tax book it is only necessary in the printed and published list to state in the aggregate the amount of taxes, penalty, interest and cost due thereon, each year separately stated. 3. To the list shall be attached and in like manner printed and published a notice of said lands and lots stating that said land and lots will be sold at public auction to discharge the taxes, penalty, interest, and costs due thereon at the time of sale in or adjacent to the courthouse of such county, on the fourth Monday in August next thereafter, commencing at ten o'clock of said day and continuing from day to day thereafter until all are offered. Such auction may also be conducted by electronic media, including the internet, at the same time and at the discretion of the county collector. 4. The county collector, on or before the day of sale, shall insert at the foot of the list on his or her record a copy of the notice and certify on his or her record immediately following the notice the name of the newspaper of the county in which the notice was printed and published and the dates of insertions thereof in the newspaper. 5. The expense of such printing shall be paid out of the county treasury and shall not exceed the rate provided for in chapter 493 , relating to legal publications, notices and advertisements, and the cost of printing at the rate paid by the county shall be taxed as part of the costs of the sale of any land or lot contained in the list. 6. The county collector shall cause the affidavit of the printer, editor or publisher of the newspaper in which the list of delinquent lands and notice of sale was published, as provided by section 493.060 , with the list and notice attached, to be recorded in the office of the recorder of deeds of the county, and the recorder shall not charge or receive any fees for recording the same. 7. The county collector may have a separate list of such lands, without legal descriptions or the names of the record owners, printed in a newspaper of general circulation published in such county for three consecutive weeks before the sale of such lands for a parcel or lot of land that: (1) Has an assessed value of one thousand five hundred dollars or less and has been advertised previously; or (2) Is a lot in a development of twenty or more lots and such lot has an assessed value of one thousand five hundred dollars or less. The notice shall state that legal descriptions and the names of the record owners of such lands shall be posted at any county courthouse within the county and the office of the county collector. 8. If, in the opinion of the county collector, an adequate legal description of the delinquent land and lots cannot be obtained through researching the documents available through the recorder of deeds, the collector may commission a professional land surveyor to prepare an adequate legal description of the delinquent land and lots in question. The costs of any commissioned land survey deemed necessary by the county collector shall be taxed as part of the costs of the sale of any land or lots contained in the list prepared under this section. (RSMo 1939 § 11126, A.L. 1947 V. II p. 430, A.L. 1955 p. 832, A.L. 1973 H.B. 654, A.L. 1996 H.B. 1469 merged with S.B. 914, A.L. 1997 S.B. 368, A.L. 2003 S.B. 295, A.L. 2010 H.B. 1316, A.L. 2015 H.B. 613, A.L. 2022 H.B. 1606) *Revisor's Note: This section was declared unconstitutional in Byrd, et al. v. State of Missouri, et al. (see 2023 annotation below). (2023) The inclusion of Section 67.2300 in H.B. 1606 from 2022 declared unconstitutional as violating the single subject rule of Article III, § 23 of the Missouri Constitution. The remaining provisions of H.B. 1606 could not be severed and the bill is declared invalid in its entirety. Byrd, et al. v. State of Missouri, et al., 679 S.W.3d 492 (Mo.banc).

Mo. Rev. Stat. § 140.180 Lawful abbreviations.

140.180. Lawful abbreviations. — 1. In all advertisements, notices, lists, records, certificates, deeds or other papers, required to be made by or under any of the provisions of this chapter, it shall be lawful to use letters, figures and characters, as follows: (1) Letters may be used to denote township, range, boundaries, parts of section, parts of lots or blocks, or other subdivisions of real estate, in the following manner: "T" for township, "R" for range, "L" for lot, "B" for block, "N" for north, "E" for east, "S" for south and "W" for west, or any combination or combinations of the four last mentioned letters to denote parts of sections, lots, blocks, or other subdivisions of real property; (2) Figures may be used as may be requisite to state any number required, whether it be of township, range, survey, section, block, lot or part thereof, acres or fractions thereof, date of any kind, amount of taxes, interest or costs, or any other matter or thing which may be stated or given in figures; (3) Characters, such as ("), or the words "do", or "ditto", or "same", may be used to denote continuation of township, range, years, tax due or other dates and when either shall be so used, shall be deemed and held to denote the same as shall stand next above in the column in which any such character or word shall be so placed. 2. Any and all descriptions of real estate made under the provisions of this chapter by the use of letters, figures and characters, as provided in this section, when so made that the land or lot may be identified and located, shall be deemed and held to be good, valid and complete, as though the same had been written out in full. 3. Dates of valuation and taxation, taxes, interest, costs, acres, blocks or lots, or any fractions thereof, or any other number or amount, when stated in figures, letters or characters, as herein provided, shall be deemed and held to be fully and fairly stated, as though the same had been written out in full. (RSMo 1939 § 11212) Prior revisions: 1929 § 9978; 1919 § 12968; 1909 § 11520

Mo. Rev. Stat. § 140.190 Period of sale - manner of bids - prohibited sales - sale to nonresidents - ...

140.190. Period of sale — manner of bids — prohibited sales — sale to nonresidents — restrictions, City of St. Joseph. — 1. On the day mentioned in the notice, the county collector shall commence the sale of such lands, and shall continue the same from day to day until each parcel assessed or belonging to each person assessed shall be sold as will pay the taxes, interest and charges thereon, or chargeable to such person in said county. 2. (1) The person or land bank agency offering at said sale to pay the required sum for a tract shall be considered the purchaser of such land; provided, no sale shall be made to any person or designated agent who: (a) Is currently delinquent on any tax payments on any property, other than a delinquency on the property being offered for sale, and who does not sign an affidavit stating such at the time of sale. Failure to sign such affidavit as well as signing a false affidavit may invalidate such sale; (b) Is a member of the governing body of a land bank agency; (c) Is an employee of a land bank agency; (d) Is an elected or appointed official of the governing body, or an employee of such official, of the political subdivision in which a land bank agency is located; or (e) Is related within the second degree of consanguinity to a person described in paragraphs (b) to (d) of this subdivision. (2) No bid shall be received from any person not a resident of the state of Missouri or a foreign corporation or entity all deemed nonresidents. A nonresident shall file with said collector an agreement in writing consenting to the jurisdiction of the circuit court of the county in which such sale shall be made, and also filing with such collector an appointment of some citizen of said county as agent of said nonresident, and consenting that service of process on such agent shall give such court jurisdiction to try and determine any suit growing out of or connected with such sale for taxes. After the delinquent auction sale, any certificate of purchase shall be issued to the agent. After meeting the requirements of section 140.405 , the property shall be conveyed to the agent on behalf of the nonresident, and the agent shall thereafter convey the property to the nonresident. A collector may preclude a prospective bidder from participating in a sale for failure to comply with any of the provisions of this section. 3. All such written consents to jurisdiction and selective appointments shall be preserved by the county collector and shall be binding upon any person or corporation claiming under the person consenting to jurisdiction and making the appointment herein referred to; provided further, that in the event of the death, disability or refusal to act of the person appointed as agent of said nonresident the county clerk shall become the appointee as agent of said nonresident. 4. No person residing in any home rule city with more than seventy-one thousand but fewer than seventy-nine thousand inhabitants shall be eligible to offer to purchase lands under this section unless such person has, no later than ten days before the sale date, demonstrated to the satisfaction of the official charged by law with conducting the sale that the person is not the owner of any parcel of real property that has two or more violations of the municipality's building or housing codes. A prospective bidder may make such a demonstration by presenting statements from the appropriate collection and code enforcement officials of the municipality. This subsection shall not apply to any taxing authority or land bank agency, and entities shall be eligible to bid at any sale conducted under this section without making such a demonstration. (RSMo 1939 § 11127, A.L. 1996 H.B. 1469 merged with S.B. 914, A.L. 2003 S.B. 295, A.L. 2010 H.B. 1316, A.L. 2019 H.B. 821, A.L. 2022 H.B. 1606, A.L. 2024 H.B. 2062) (2017) Section does not give the county collector the discretion or authority to unilaterally exclude potential bidders from tax sales who otherwise satisfy statutory qualifications. State ex rel. Yoest v. McEvoy, 529 S.W.3d 383 (Mo.App.W.D.).

Mo. Rev. Stat. § 140.195 Entry on property not trespass, when.

140.195. Entry on property not trespass, when. — Any collector, agent of any collector, tax sale purchaser, or agent of any tax sale purchaser performing duties under this chapter shall have the lawful right to enter upon the land of another without being guilty of trespass, if he or she is in the course of providing or attempting to provide notice of a tax sale or tax sale redemption rights and it is necessary to enter upon such land to provide, serve, or post such notice. (L. 2015 H.B. 613)

Mo. Rev. Stat. § 140.220 County clerk to act as clerk of sale - fee.

140.220. County clerk to act as clerk of sale — fee. — 1. The clerk of the county commission shall attend, either in person or by deputy, as the clerk of the sale of such delinquent land, and shall enter the same on a sufficient record book giving a description of the proper tract or lot, to whom sold, and the price, or whether the same remains unsold. 2. For his services as in this section provided he shall, except in those counties having a population in excess of one hundred thousand, receive the sum of twenty-five cents on each tract of land or lot sold, to become part of the costs of sale and paid by the purchaser, which fee shall include entry or recital of redemption on such record. (RSMo 1939 § 11139, A.L. 1945 p. 1847, A.L. 2003 S.B. 295)

Mo. Rev. Stat. § 140.230 Foreclosure sale surplus - deposited in treasury - escheats, when - proof ...

140.230. Foreclosure sale surplus — deposited in treasury — escheats, when — proof of claims. — 1. When real estate has been sold for taxes or other debt by the sheriff or collector of any county within the state of Missouri, and the same sells for a greater amount than the debt or taxes and all costs in the case it shall be the duty of the sheriff or collector of the county, when such sale has been or may hereafter be made, to make a written statement describing each parcel or tract of land sold by him for a greater amount than the debt or taxes and all costs in the case together with the amount of surplus money in each case. The statement shall be subscribed and sworn to by the sheriff or collector making it before some officer competent to administer oaths within this state, and then presented to the county commission of the county where the sale has been or may be made; and on the approval of the statement by the commission, the sheriff or collector making the same shall pay the surplus money into the county treasury, take the receipt in duplicate of the treasurer for the surplus of money and retain one of the duplicate receipts and file the other with the county commission, and thereupon the commission shall charge the treasurer with the amount. 2. The treasurer shall place such moneys in the county treasury to be held for the use and benefit of the person entitled to such moneys or to the credit of the school fund of the county, to be held in trust for the lesser of a term of three years or ninety days following the expiration of the redemption period for the lienholders of record or for the publicly recorded owner or owners of the property sold at the time of the delinquent land tax auction or their legal representatives. The surplus shall be first distributed to the former lienholders of record, by priority of the former liens, if any, then to the former owner or owners of the property. Lien priority shall be set as of the date of the tax sale. No surplus funds shall be distributed to any party claiming entitlement to such funds, other than as part of the redemption process, until ninety days have passed after the period of redemption has expired. At the end of three years, if any funds have not been distributed or called for as part of a redemption or collector's deed issuance, then such funds shall become a permanent school fund of the county. 3. County commissions shall compel owners, lienholders of record, or agents to make satisfactory proof of their claims before receiving their money; provided, that no county shall pay interest to the claimant of any such fund. Any such claim shall be filed with the county commission within ninety days after the expiration of the redemption period, be made in writing, and include reference to the lien of record upon which the claim is made. The reference shall include the county recorder's recording reference information such as book and page number, document number, or other reference information if the lien is not referenced either by book or page number or document number. Should more than one party make claim to any surplus funds and those parties are unable to reach an agreement satisfactory to the county commission, the county commission shall petition the circuit court within the county where the county commission sits for interpleader. The county commission shall only be required to name as defendants those parties who have made claim to the funds. Upon judgment sustaining the petition for interpleader and the subsequent tender of the surplus funds to the court registry, the county commission so tendering such funds shall be entitled to seek discharge from the case. (RSMo 1939 § 11159, A.L. 1990 H.B. 1284, A.L. 2003 S.B. 295, A.L. 2010 H.B. 1316, A.L. 2013 H.B. 175 merged with S.B. 248, A.L. 2018 S.B. 623) Prior revisions: 1929 § 9959; 1919 § 12949; 1909 § 11502

Mo. Rev. Stat. § 140.240 Second offering of delinquent lands and lots.

140.240. Second offering of delinquent lands and lots. — 1. If at the first offering of sale of any tract of land or lot under the provisions of this law, no person bids therefor a sum equal to the delinquent taxes thereon with interest, penalty and costs, then the clerk of the sale shall note the fact in his record of sale and the county collector shall note a recital thereof in the back tax book, and the tracts of land or lots shall be again offered for sale, at the next sale of delinquent lands and lots as in this law provided, if the lands or lots are at that time delinquent. 2. If at the second offering for sale no person bids therefor a sum equal to the then delinquent taxes thereon with interest, penalty and costs, then the clerk of the sale shall note the fact upon his record of the sale, and the county collector shall enter a recital of the fact in the back tax book. (RSMo 1939 § 11129, A.L. 1959 H.B. 106)

Mo. Rev. Stat. § 140.250 Third offering of delinquent lands and lots, redemption - subsequent sale - ...

140.250. Third offering of delinquent lands and lots, redemption — subsequent sale — collector's deed. — 1. Whenever any lands have been or shall hereafter be offered for sale for delinquent taxes, interest, penalty and costs by the collector of the proper county for any two successive years and no person shall have bid therefor a sum equal to the delinquent taxes thereon, interest, penalty and costs provided by law, then such county collector shall at the next regular tax sale of lands for delinquent taxes sell same to the highest bidder, except the highest bid shall not be less than the sum equal to the delinquent taxes, interest, penalties, and costs, and there shall be a ninety-day period of redemption from such sales as specified in section 140.405 . 2. A certificate of purchase shall be issued as to such sales, and the purchaser at such sales shall be entitled to the issuance and delivery of a collector's deed upon completion of title search action as specified in section 140.405 . 3. If any lands or lots are not sold at such third offering, then the collector shall advertise or offer such lands or lots for sale once every thirty days. 4. A purchaser at any sale subsequent to the third offering of any land or lots, whether by the collector or a trustee as provided in section 140.260 , shall be entitled to the immediate issuance and delivery of a collector's deed and there shall be no period of redemption from such post-third year sales; provided, however, before any purchaser at a sale to which this section is applicable shall be entitled to a collector's deed it shall be the duty of the collector to demand, and the purchaser to pay, in addition to the purchaser's bid, all taxes due and unpaid on such lands or lots that become due and payable on such lands or lots subsequent to the date of the taxes included in such advertisement and sale. The collector's deed or trustee's deed shall have priority over all other liens or encumbrances on the property sold except for real property taxes. 5. A purchaser at any sale subsequent to the third offering of any land or lots, whether by the collector or a trustee as provided in section 140.260 , may elect to proceed under subsection 1 of this section and subsection 6 of section 140.405 by giving notice to the collector prior to the issuance of a collector's deed. 6. In the event the real purchaser at any sale to which this section is applicable shall be the owner of the lands or lots purchased, or shall be obligated to pay the taxes for the nonpayment of which such lands or lots were sold, then no collector's deed shall be issued to such purchaser, or to anyone acting for or on behalf of such purchaser, without payment to the collector of such additional amount as will discharge in full all delinquent taxes, penalty, interest and costs. (RSMo 1939 § 11130, A.L. 1984 S.B. 707, A.L. 1998 S.B. 778, A.L. 2010 H.B. 1316, A.L. 2024 H.B. 2062)

Mo. Rev. Stat. § 140.260 Purchase by county or city, when - procedure.

140.260. Purchase by county or city, when — procedure. — 1. It shall be lawful for the county commission of any county, and the comptroller, mayor and president of the board of assessors of the city of St. Louis, to designate and appoint a suitable person or persons with discretionary authority to bid at all sales to which section 140.250 is applicable, and to purchase at such sales all lands or lots necessary to protect all taxes due and owing and prevent their loss to the taxing authorities involved from inadequate bids. 2. Such person or persons so designated are hereby declared as to such purchases and as titleholders pursuant to collector's deeds issued on such purchases, to be trustees for the benefit of all funds entitled to participate in the taxes against all such lands or lots so sold. 3. Such person or persons so designated shall not be required to pay the amount bid on any such purchase but the collector's deed issuing on such purchase shall recite the delinquent taxes for which said lands or lots were sold, the amount due each respective taxing authority involved, and that the grantee in such deed or deeds holds title as trustee for the use and benefit of the fund or funds entitled to the payment of the taxes for which said lands or lots were sold. 4. The costs of all collectors' deeds, the recording of same and the advertisement of such lands or lots shall be paid out of the county treasury in the respective counties and such fund as may be designated therefor by the authorities of the city of St. Louis. 5. All lands or lots so purchased shall be sold and deeds ordered executed and delivered by such trustees upon order of the county commission of the respective counties and the comptroller, mayor and president of the board of assessors of the city of St. Louis, and the proceeds of such sales shall be applied first to the payment of the costs incurred and advanced, and the balance shall be distributed pro rata to the funds entitled to receive the taxes on the lands or lots so disposed of, as provided in section 140.230 . 6. Upon appointment of any such person or persons to act as trustee as herein designated a certified copy of the order making such appointment shall be delivered to the collector, and if such authority be revoked a certified copy of the revoking order shall also be delivered to the collector. 7. Compensation to trustees as herein designated shall be payable solely from proceeds derived from the sale of lands purchased by them as such trustees and shall be fixed by the authorities herein designated, but not in excess of ten percent of the price for which any such lands and lots are sold by the trustees; provided further, that if at any such sale any person bid a sufficient amount to pay in full all delinquent taxes, penalties, interest and costs, then the trustees herein designated shall be without authority to further bid on any such land or lots. If a third party is a successful bidder and there are excess proceeds, such proceeds shall be distributed as provided in section 140.230 . 8. If the county commission of any county does not designate and appoint a suitable person or persons as trustee or trustees, so appointed, or the trustee or trustees do not accept property after the third offering where no sale occurred then it shall be at the discretion of the collector to sell such land subsequent to the third offering of such land and lots at any time and for any amount. (RSMo 1939 § 11131, A.L. 2003 S.B. 295, A.L. 2010 H.B. 1316)

Mo. Rev. Stat. § 140.270 Appointment of substitute or successor trustee - when and by whom.

140.270. Appointment of substitute or successor trustee — when and by whom. — If any trustee, who is provided for in section 140.260 , shall die, or has died, shall become, or has become mentally disabled from performing the duties of trustee, shall remove, or has removed out of this state, shall neglect or refuse, or has neglected or refused to act as such trustee, or shall or has become unable, by sickness or other disability, to perform or execute his trust, it shall be lawful for the county commission of any county, and the comptroller, mayor and president of the board of assessors of the city of St. Louis to designate and appoint a suitable person or persons as a substitute or successor trustee, which appointment shall be in writing and recorded in the office of the county clerk and recorder of deeds, with discretionary authority to bid at all sales to which section 140.250 is applicable, and to purchase at such sales all lands or lots necessary to protect all taxes due and owing to prevent any loss to the taxing authorities involved, from inadequate bids, and to perform any and all acts, subject to the same liability and to be paid the same fees provided for the trustee in section 140.260 . (L. 1943 p. 1065 § 11131a, A.L. 1983 S.B. 44 & 45)

Mo. Rev. Stat. § 140.280 Payment of total amount by purchaser - penalty for failure.

140.280. Payment of total amount by purchaser — penalty for failure. — 1. Where such sale is made, the purchaser at such sale shall immediately pay the amount of his bid to the collector, who shall pay the surplus, if any, into the county treasury to be held for the use and benefit of the person entitled thereto. 2. In case the purchaser fails to pay his bid, the land shall be again forthwith offered for sale the same as if no sale had been made, and the purchaser so failing shall forfeit and pay for the use of the distributive county school fund of the county a penalty of twenty-five percent of the amount of his bid, to be recovered by action of debt in the name of the collector, before any court having jurisdiction, and the prosecuting attorney shall conduct such suit, and for his services a fee of five dollars shall be taxed against such delinquent purchaser. (RSMo 1939 § 11132, A.L. 1945 p. 1847, A.L. 2003 S.B. 295)

Mo. Rev. Stat. § 140.290 Certificate of purchase - contents - fee - nonresidents.

140.290. Certificate of purchase — contents — fee — nonresidents. — 1. After payment shall have been made the county collector shall give the purchaser a certificate in writing, to be designated as a certificate of purchase, which shall carry a numerical number and which shall describe the land so purchased, each tract or lot separately stated, the total amount of the tax, with penalty, interest and costs, and the year or years of delinquency for which said lands or lots were sold, separately stated, and the aggregate of all such taxes, penalty, interest and costs, and the sum bid on each tract. 2. If the purchaser bid for any tract or lot of land a sum in excess of the delinquent tax, penalty, interest and costs for which said tract or lot of land was sold, such excess sum shall also be noted in the certificate of purchase, in a separate column to be provided therefor. Such certificate of purchase shall also recite the name and address of the owner or reputed owner if known, and if unknown then the party or parties to whom each tract or lot of land was assessed, together with the address of such party, if known, and shall also have incorporated therein the name and address of the purchaser. Such certificate of purchase shall also contain the true date of the sale and the time when the purchaser will be entitled to a deed for said land, if not redeemed as in this chapter provided, and the rate of interest that such certificate of purchase shall bear, which rate of interest shall not exceed the sum of ten percent per annum. Such certificate shall be authenticated by the county collector, who shall record the same in a permanent record book in his office before delivery to the purchaser. 3. Such certificate shall be assignable, but no assignment thereof shall be valid unless endorsed on such certificate and acknowledged before some officer authorized to take acknowledgment of deeds and an entry of such assignment entered in the record of said certificate of purchase in the office of the county collector. 4. For each certificate of purchase issued, as a part of the cost of the sale, the purchaser shall pay to the collector the fee necessary to record such certificate of purchase in the office of the county recorder. The collector shall record the certificate of purchase before delivering such certificate of purchase to the purchaser. 5. No collector shall be authorized to issue a certificate of purchase to any nonresident of the state of Missouri, however, any nonresident as described in subsection 2 of section 140.190 may appoint an agent, and such agent shall comply with the provisions of section 140.190 pertaining to a nonresident. 6. This section shall not apply to any post-third-year tax sale, except for nonresidents as provided in subsection 5 of this section. (RSMo 1939 § 11133, A.L. 2010 H.B. 1316, A.L. 2013 H.B. 175 merged with S.B. 248)

Mo. Rev. Stat. § 140.300 Collector, written guaranty - action on - damages.

140.300. Collector, written guaranty — action on — damages. — 1. The county collector, at the time of the sale and after the purchaser has made payment of the amount of his bid shall endorse upon and annex to the certificate to be given to the purchaser his written guaranty, signed by him, warranting that the taxes which are named in the certificate are due upon the tract, lot, piece or parcel of land. 2. And if it at any time appears that the county collector before the time of making the guaranty, received, either in person or by deputy, the taxes assessed against the tract, lot, piece or parcel of land, the holder of the certificate is entitled to his action upon the written guaranty, forthwith, upon the facts becoming known that the lands were by reason thereof improperly sold, and without waiting the accrual of any special damage to the holder. The measure of damages to which the holder of the certificate is entitled is the amount paid by the holder, as taxes, interest, penalty and charges, with lawful interest thereon, plus an additional penalty of ten percent of the sums; or the holder is entitled to his action on the official bond of the collector, against him and his sureties, as for dereliction in duty, in which action the measure of damages is the same as above mentioned. (RSMo 1939 § 11134, A.L. 1959 H.B. 106)

Mo. Rev. Stat. § 140.310 Possession by purchaser, when - rents - rights of occupant and purchaser.

140.310. Possession by purchaser, when — rents — rights of occupant and purchaser. — 1. The purchaser of any tract or lot of land at sale for delinquent taxes, homesteads excepted, shall at any time after one year from the date of sale be entitled to the immediate possession of the premises so purchased during the redemption period provided for in this law , unless sooner redeemed; provided, however, any owner or occupant of any tract or lot of land purchased may retain possession of said premises by making a written assignment of, or agreement to pay, rent certain or estimated to accrue during such redemption period or so much thereof as shall be sufficient to discharge the bid of the purchaser with interest thereon as provided in the certificate of purchase. 2. The purchaser, his or her heirs or assigns may enforce his or her rights under said written assignment or agreement in any manner now authorized or hereafter authorized by law for the collection of delinquent and unpaid rent; provided further, nothing herein contained shall operate to the prejudice of any owner not in default and whose interest in the tract or lot of land is not encumbered by the certificate of purchase, nor shall it prejudice the rights of any occupant of any tract or lot of land not liable to pay taxes thereon nor such occupant's interest in any planted, growing or unharvested crop thereon. 3. Any additions or improvements made to any tract or lot of land by any occupant thereof, as tenant or otherwise, and made prior to such tax sale, which such occupant would be permitted to detach and remove from the land under his or her contract of occupancy shall also, to the same extent, be removable against the purchaser, his or her heirs or assigns. 4. Any rent collected by the purchaser, his or her heirs or assigns shall operate as a payment upon the amount due the holder of such certificate of purchase, and such amount or amounts, together with the date paid and by whom shall be endorsed as a credit upon said certificate, and which said sums shall be taken into consideration in the redemption of such land, as provided for in this chapter. 5. Any purchaser, heirs or assigns in possession within the period of redemption against whom rights of redemption are exercised shall be protected in the value of any planted, growing and/or unharvested crop on the lands redeemed in the same manner as such purchaser, heirs or assigns would be protected in valuable and lasting improvements made upon said lands after the period of redemption and referred to in section 140.360 . (RSMo 1939 § 11135, A.L. 2010 H.B. 1316, A.L. 2015 H.B. 613)

Mo. Rev. Stat. § 140.320 Payment of taxes by purchaser - forfeiture.

140.320. Payment of taxes by purchaser — forfeiture. — Any purchaser at delinquent tax sale of any tract or lot of land, his heirs or assigns, who takes possession of any tract or lot of land within the redemption period shall be required to pay the taxes subsequently assessed on such tract or lot of land during the period of occupancy and within the redemption period, and upon failure so to do, or if he commit waste thereon, such purchaser, his heirs or assigns, shall forfeit all rights acquired by his certificate of purchase, so far as the tract or lot of land taken possession of is concerned. (RSMo 1939 § 11136)

Mo. Rev. Stat. § 140.330 Suit to quiet title - duty of court where title invalid.

140.330. Suit to quiet title — duty of court where title invalid. — 1. Any person holding any deed of lands or lots executed by the county collector for the nonpayment of taxes, may commence a suit in the circuit court of the county where such lands lie, to quiet his title thereto, without taking possession of such lands, and all parties who have, or claim to have, or appear of record in the county where such land or lot is situated, to have any interest in, or lien upon, such lands or lots, shall be made defendants in such suit, and no outstanding unrecorded deed, mortgage, lease or claim shall be of any effect as against the title or right of the complainant as fixed and declared by the decree made in such cause. 2. The court shall examine into the facts, and if upon the hearing of such cause it shall appear that the complainant's title was or is invalid for any cause, such suit shall not be dismissed by the court, but the court, in cases where the tax was due and unpaid, or where the complainant's title was invalid for defect or uncertainty of description shall ascertain the amount due the complainant, for principal and interest, to be computed at not to exceed ten percent per annum, and from whom due, and shall decree the payment thereof within a reasonable time by the owner of such land, the owner of any life estate therein, or any other person in possession as lessee thereof and owing such sum ascertained, and in default thereof shall direct that such leasehold, life estate and land or lot be sold therefor, and that the equity and right of redemption of all defendants in such suit, and all persons claiming under them shall be forever foreclosed. 3. In any such sale the rents and profits of said land for a term not exceeding seven years shall be first offered for sale and on failure to realize a sum sufficient to discharge said lien and cost of sale, then the interest of the person so adjudged to be owing the amount so ascertained shall be next offered for sale; on failure to realize therefrom a sum sufficient to discharge said lien and cost of sale then the life estate in such land together with the interest of the person adjudged to be owing the amount so ascertained shall be next offered for sale and on failure to realize a sum sufficient to discharge said lien and costs of sale, then, finally, the fee simple of such land shall be offered for sale. In case of the sale of such land or any part or parcel thereof or any interest therein, the sheriff shall upon the receipt of the purchase money execute to the purchaser a deed in fee simple, or a lease for the unexpired term of the interest so sold, as the case may be, and there shall be no redemption from any such sale, and the purchaser shall have the right of immediate possession of such land or lot. 4. At such sale if such land or any part or parcel thereof or any interest therein be sold for a sum in excess of the lien and cost, then such surplus shall be paid over to the person or persons lawfully entitled thereto as such rights are determined by the court in its decree in said cause. 5. If the court shall upon the hearing of such cause determine the title of the complainant to be valid it shall so decree. In all proceedings under this section, the rules of pleading, process and procedure, together with rights of appeal and proceedings on appeal, now or that may hereafter in this state be applicable to suits to quiet title, when not inconsistent with or contradictory to the provisions of this chapter, shall prevail. The remedies granted by this section and section 140.570 shall not be held exclusive but in addition to any applicable remedies now or hereafter existing. (RSMo 1939 § 11169)

Mo. Rev. Stat. § 140.340 Redemption, when - manner.

140.340. Redemption, when — manner. — 1. Upon paying the reasonable and customary costs of sale to the county collector for the use of the purchaser, his or her heirs, successors, or assigns; the owner; lienholder; or occupant of any land or lot sold for taxes, or any other persons having an interest therein, shall have the absolute right to redeem the same at any time during the one year next ensuing and shall continue to have a defeasible right to redeem the same until such time as the tax sale purchaser acquires the deed, at which time the right to redeem shall expire, provided upon the expiration of the lien evidenced by a certificate of purchase under section 140.410 no redemption shall be required. 2. The reasonable and customary costs of sale include all costs incurred in selling and foreclosing tax liens under this chapter, and such reasonable and customary costs shall include the following: the full sum of the purchase money named in the certificate of purchase and all the costs of the sale, including the cost to record the certificate of purchase as required in section 140.290 , the fee necessary for the collector to record the release of such certificate of purchase, and the reasonable and customary cost of the title search and postage costs of notification required in sections 140.150 to 140.405 , together with interest at the rate specified in such certificate, not to exceed ten percent annually, except on a sum paid by a purchaser in excess of the delinquent taxes due plus costs of the sale incurred by the collector, no interest shall be owing on the excess amount, with all subsequent taxes which have been paid thereon by the purchaser, his or her heirs or assigns with interest at the rate of eight percent per annum on such taxes subsequently paid, and in addition thereto the person redeeming any land shall pay the costs incident to entry of recital of such redemption; provided, however, that no costs incurred by tax sale purchasers in providing notice of tax sale redemption rights required by law shall be reimbursable as a reasonable and customary cost of sale unless such costs are incurred after March first following the date of purchase of the tax sale certificate by said tax sale purchaser at a first or second offering delinquent tax sale. 3. Upon deposit with the county collector of the amount necessary to redeem as herein provided, it shall be the duty of the county collector to mail to the purchaser, his or her heirs or assigns, at the last post office address if known, and if not known, then to the address of the purchaser as shown in the record of the certificate of purchase, notice of such deposit for redemption. 4. Such notice, given as herein provided, shall stop payment to the purchaser, his or her heirs or assigns of any further interest or penalty. 5. The reasonable and customary costs of sale needed to redeem any land or lot sold for taxes under this section shall be determined by the collector. (RSMo 1939 § 11145, A.L. 2003 S.B. 295, A.L. 2004 S.B. 1012, A.L. 2010 H.B. 1316, A.L. 2015 H.B. 613)

Mo. Rev. Stat. § 140.350 Redemption by minors and incapacitated or disabled persons, when.

140.350. Redemption by minors and incapacitated or disabled persons, when. — Minors and incapacitated and disabled persons as defined in chapter 475 may redeem any lands belonging to them sold for taxes, within five years of the date of the last payment of taxes encumbering the real estate by the minor, incapacitated or disabled person, the party's predecessors in interest, or any representative of such person, in the same manner as provided in section 140.340 for redemption by other persons. (RSMo 1939 § 11146, A.L. 1983 S.B. 44 & 45, A.L. 2003 S.B. 295, A.L. 2015 H.B. 613)

Mo. Rev. Stat. § 140.360 Redemption - compensation for improvements - limitations.

140.360. Redemption — compensation for improvements — limitations. — 1. In case any lasting and valuable improvements shall have been made by the purchaser at a sale for taxes, or by any person claiming under him, and the land on which the same shall have been made shall be redeemed as aforesaid, the premises shall not be restored to the person redeeming, until he shall have paid or tendered to the adverse party the value of such improvements; and, if the parties cannot agree on the value thereof the same proceedings shall be had in relation thereto as shall be prescribed in the law existing at the time of such proceedings for the relief of occupying claimants of lands in actions of ejectment. 2. No compensation shall be allowed for improvements made before the expiration of one year from the date of sale for taxes. (RSMo 1939 § 11147, A.L. 2003 S.B. 295)

Mo. Rev. Stat. § 140.370 Redemption - record of sale.

140.370. Redemption — record of sale. — 1. When lands sold for taxes shall be redeemed, the county collector shall insert a memorandum of such redemption on the record of the certificate of purchase applicable thereto, stating the land or lots redeemed, the date thereof, and by whom made, and sign the same officially, and shall likewise give a certificate thereof to the person redeeming. 2. The person redeeming shall then present to the county clerk the certificate of redemption and the county clerk shall then enter on his record of sales of land for delinquent taxes the recital of such redemption, the date thereof, and the person redeeming. (RSMo 1939 § 11148, A.L. 2003 S.B. 295)

Mo. Rev. Stat. § 140.380 Redemption by drainage, levee or improvement district - procedure.

140.380. Redemption by drainage, levee or improvement district — procedure. — 1. Any drainage, levee or any other special improvement district having a lien on any land or lot, upon which there has been issued a certificate of purchase, may, if authorized by the law creating such drainage, levee or other special improvement district, at any time within the period of redemption applicable to any certificate of purchase, deposit with the collector the amount necessary to redeem such lands. 2. Upon any such deposit the collector shall give immediate notice thereof to the holder of the certificate of purchase. But no drainage, levee or any other special improvement district shall foreclose its lien against any property sold under this law until it has redeemed as provided herein. The holder of such certificate of purchase shall then surrender said certificate of purchase to the collector, who shall pay to the holder of the certificate the money so deposited by such drainage, levee or other special improvement district. 3. In cases to which this section is applicable said certificate of purchase shall not be cancelled but shall be considered as legally assigned to the drainage, levee or other special improvement district making the deposit as herein set forth and shall be delivered by the collector to such district, noting thereon compliance with this section. 4. Any such certificate may then be redeemed as provided for in this chapter from any such drainage, levee or other special improvement district; if not redeemed, then any such drainage, levee, or other special improvement district shall be entitled to a collector's deed, in the same manner and under the same conditions as provided for in this chapter as to other holders of a certificate of purchase. (RSMo 1939 § 11176)

Mo. Rev. Stat. § 140.405 Purchaser of property at delinquent land tax auction, deed issued to, when ...

140.405. Purchaser of property at delinquent land tax auction, deed issued to, when — notice of right of redemption — redemption of property first, when — loss of interest, when — notice, authorized manner. — 1. Any person purchasing property at a delinquent land tax auction shall not acquire the deed to the real estate, as provided for in section 140.250 or 140.420 , until the person meets the requirements of this section, except that such requirements shall not apply to post-third-year sales, which shall be conducted under subsection 4 of section 140.250 . The purchaser shall obtain a title search report from a licensed attorney or licensed title company detailing the ownership and encumbrances on the property. 2. At least ninety days prior to the date when a purchaser is authorized to acquire the deed, the purchaser shall notify the owner of record and any person who holds a publicly recorded unreleased deed of trust, mortgage, lease, lien, judgment, or any other publicly recorded claim upon that real estate of such person's right to redeem the property. Notice shall be sent by both first class mail and certified mail return receipt requested to such person's last known available address. If the certified mail return receipt is returned signed, the first class mail notice is not returned, the first class mail notice is refused where noted by the United States Postal Service, or any combination thereof, notice shall be presumed received by the recipient. At the conclusion of the applicable redemption period, the purchaser shall make an affidavit in accordance with subsection 5 of this section. 3. If the owner of record or the holder of any other publicly recorded claim on the property intends to transfer ownership or execute any additional liens or encumbrances on the property, such owner shall first redeem such property under section 140.340 . The failure to comply with redeeming the property first before executing any of such actions or agreements on the property shall require the owner of record or any other publicly recorded claim on the property to reimburse the purchaser for the total bid as recorded on the certificate of purchase and all the costs of the sale required in sections 140.150 to 140.405 . 4. In the case that both the certified notice return receipt card is returned unsigned and the first class mail is returned for any reason except refusal, where the notice is returned undeliverable, then the purchaser shall attempt additional notice and certify in the purchaser's affidavit to the collector that such additional notice was attempted and by what means. 5. The purchaser shall notify the county collector by affidavit of the date that every required notice was sent to the owner of record and, if applicable, any other publicly recorded claim on the property. To the affidavit, the purchaser shall attach a copy of a valid title search report as described in subsection 1 of this section as well as completed copies of the following for each recipient: (1) Notices of right to redeem sent by first class mail; (2) Notices of right to redeem sent by certified mail; (3) Addressed envelopes for all notices, as they appeared immediately before mailing; (4) Certified mail receipt as it appeared upon its return; and (5) Any returned regular mailed envelopes. As provided in this section, at such time the purchaser notifies the collector by affidavit that all the ninety days' notice requirements of this section have been met, the purchaser is authorized to acquire the deed, provided that a collector's deed shall not be acquired before the expiration date of the redemption period as provided in section 140.340 . 6. If any real estate is purchased at a third-offering tax auction and has a publicly recorded unreleased deed of trust, mortgage, lease, lien, judgment, or any other publicly recorded claim upon the real estate under this section, the purchaser of said property shall within forty-five days after the purchase at the sale notify such person of the person's right to redeem the property within ninety days from the postmark date on the notice. Notice shall be sent by both first class mail and certified mail return receipt requested to such person's last known available address. The purchaser shall notify the county collector by affidavit of the date the required notice was sent to the owner of record and, if applicable, the holder of any other publicly recorded claim on the property, that such person shall have ninety days to redeem said property or be forever barred from redeeming said property. 7. If the county collector chooses to have the title search done then the county collector may charge the purchaser the cost of the title search before giving the purchaser a deed pursuant to section 140.420 . 8. Failure of the purchaser to comply with this section shall result in such purchaser's loss of all interest in the real estate except as otherwise provided in sections 140.550 and 140.570 . 9. The phrase "authorized to acquire the deed" as used in this chapter shall mean the date chosen by the tax sale purchaser that is more than the minimum redemption period set forth in section 140.340 if the tax sale purchaser has complied with the following requirements entitling the purchaser to the issuance of a collector's deed: (1) Compliance with the requirements of this section to the satisfaction of the collector; (2) Payment of the recording fee for the collector's deed as required under section 140.410 ; (3) Production of the original of the certificate of purchase as required under section 140.420 , or production of an original affidavit of lost or destroyed certificate approved by the collector as to form and substance; and (4) Payment of all subsequent taxes required to be paid under section 140.440 . 10. Notwithstanding any provision of law to the contrary, any person except a minor or an incapacitated or disabled person may receive notice under this section in a foreign country or outside the United States: (1) By any internationally agreed-upon means of service that is reasonably calculated to give notice, such as the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents; (2) If there is no internationally agreed-upon means of service, or if an international agreement allows service but does not specify the means, by a method that is reasonably calculated to give notice; (3) As set forth for the foreign country's acceptable method of service in actions in courts of general jurisdiction; (4) As the foreign country directs in response to a letter of request; (5) Unless prohibited by a foreign country's law, by delivering a copy of the notice to the person personally or using a form of mail that requires a signed receipt; or (6) By any other means not prohibited by international agreement as approved by the collector. (L. 1984 S.B. 707, A.L. 1987 H.B. 283, A.L. 1996 H.B. 1469 merged with S.B. 914, A.L. 1998 S.B. 778, A.L. 2003 S.B. 295, A.L. 2010 H.B. 1316, A.L. 2013 H.B. 175 merged with S.B. 248, A.L. 2015 H.B. 613)

Mo. Rev. Stat. § 140.410 Execution and record of deed by purchaser - failure - assignment ...

140.410. Execution and record of deed by purchaser — failure — assignment prohibited, when — recording fee required, when. — In all cases where lands have been or may hereafter be sold for delinquent taxes, penalty, interest and costs due thereon, and a certificate of purchase has been or may hereafter be issued, it is hereby made the duty of such purchaser, his or her heirs or assigns, to cause all subsequent taxes to be paid on the property purchased prior to the issuance of any collector's deed, and the purchaser shall further cause a deed to be executed and placed on record in the proper county all within eighteen months from the date of said sale; provided, that on failure of said purchaser, his or her heirs or assigns so to do, then and in that case the amount due such purchaser shall cease to be a lien on said lands so purchased as herein provided. Upon the purchaser's forfeiture of all rights of the property acquired by the certificate of purchase issued, and including the nonpayment of all subsequent years' taxes as described in this section, it shall be the responsibility of the collector to record the cancellation of the certificate of purchase in the office of the recorder of deeds of the county. Certificates of purchase cannot be assigned to nonresidents or delinquent taxpayers. However, any person purchasing property at a delinquent land tax sale who meets the requirements of this section, prior to receiving a collector's deed, shall pay to the collector the fee necessary for the recording of such collector's deed to be issued. It shall be the responsibility of the collector to record the deed before delivering such deed to the purchaser of the property. (RSMo 1939 § 11137, A.L. 2003 S.B. 295, A.L. 2011 S.B. 117, A.L. 2015 H.B. 613)

Mo. Rev. Stat. § 140.420 Deed to purchaser if unredeemed.

140.420. Deed to purchaser if unredeemed. — If no person shall redeem the lands sold for taxes prior to the expiration of the right to redeem, at the expiration thereof, and on production of the certificate of purchase and upon proof satisfactory to the collector that a purchaser or the purchaser's heirs, successors, or assigns are authorized to acquire the deed: (1) The collector of the county in which the sale of such lands took place shall execute to the purchaser or the purchaser's heirs or assigns, in the name of the state, a conveyance of the real estate so sold, which shall vest in the grantee an absolute estate in fee simple, subject, however, to all claims thereon for unpaid taxes except such unpaid taxes existing at time of the purchase of said lands and the lien for which taxes was inferior to the lien for taxes for which said tract or lot of land was sold; and (2) The state of Missouri or any person, taxing authority, tax district, judgment creditor, or lienholder that had a right, title, interest, claim, or equity of redemption on or to the lands or that had a lien upon the lands shall be barred and forever foreclosed of such unclaimed right, title, interest, claim, or equity of redemption in or to the lands and of any lien upon the lands. (RSMo 1939 § 11149, A.L. 2003 S.B. 295, A.L. 2010 H.B. 1316, A.L. 2015 H.B. 613, A.L. 2024 H.B. 2062)

Mo. Rev. Stat. § 140.430 Deed to heirs in case of purchaser's death.

140.430. Deed to heirs in case of purchaser's death. — In all cases of sale of lands for taxes, if the purchaser or his assigns shall die before a deed shall be executed on such sale, the deed may be executed by the collector, to his heirs at law or devisees; which deed shall vest the title in the heirs or devisees of such deceased person in the same manner and liable to like claims of creditors and other persons as if the same had been executed to such deceased person immediately previous to his death, or the executor or administrator may assign the certificate of purchase, and the deed may issue to the assignee thereof. (RSMo 1939 § 11161)

Mo. Rev. Stat. § 140.440 Payment of taxes by holder of purchase certificate - subsequent certificate.

140.440. Payment of taxes by holder of purchase certificate — subsequent certificate. — Every holder of a certificate of purchase shall before being entitled to apply for deed to any tract or lot of land described therein pay all taxes that have accrued thereon since the issuance of said certificate, or any prior taxes that may remain due and unpaid on said property, and the lien for which was not foreclosed by sale under which such holder makes demand for deed, and any purchaser that shall suffer a subsequent tax to become delinquent, such first purchaser shall forfeit all liens on such lands so purchased. Said holder of a certificate of purchase permitting a subsequent certificate to issue on the same property shall, on notice from the county collector, surrender said certificate of purchase immediately to the county collector. Upon surrender of such certificate of purchase any surplus moneys paid by the first holder of the certificate of purchase and remaining unclaimed pursuant to section 140.230 shall be paid without interest to such holder of the certificate. (RSMo 1939 § 11152, A.L. 2003 S.B. 295)

Mo. Rev. Stat. § 140.450 Cancellation and filing of certificate - proof of loss.

140.450. Cancellation and filing of certificate — proof of loss. — When conveyances are delivered for lands sold for taxes the certificates therefor shall be cancelled and filed away by the collector; and in case of the loss of any certificate, on being fully satisfied thereof by due proof, or upon the production of a certified copy thereof, the collector may execute and deliver the proper conveyance, and file such proof in his office. (RSMo 1939 § 11153)

Mo. Rev. Stat. § 140.460 Execution of conveyance - form.

140.460. Execution of conveyance — form. — 1. Such conveyance shall be executed by the county collector, under his hand and seal, and acknowledged before the county recorder or any other officer authorized to take acknowledgments and the same shall be recorded in the recorder's office before delivery; a fee for recording shall be paid by the purchaser and shall be included in the costs of sale. 2. Such deed shall be prima facie evidence that the property conveyed was subject to taxation at the time assessed, that the taxes were delinquent and unpaid at the time of sale, of the regularity of the sale of the premises described in the deed, and of the regularity of all prior proceedings, that said land or lot had not been redeemed and that the period therefor had elapsed, and prima facie evidence of a good and valid title in fee simple in the grantee of said deed; and such deed shall be in the following form, as nearly as the nature of the case will admit, namely: (RSMo 1939 § 11150, A.L. 2013 H.B. 175 merged with S.B. 248) (1976) Tax deed held void for failure to state the years of nonpayment of taxes as required by this section despite fact it was amended and rerecorded because amended deed was not reexecuted by collector or rewitnessed by county clerk or reacknowledged. Heppler v. Esther (A.), 534 S.W.2d 533.

Mo. Rev. Stat. § 140.470 Variations from form.

140.470. Variations from form. — In case circumstances should exist requiring any variation from the foregoing form, in the recital part thereof, the necessary change shall be made by the county collector executing such deed, and the same shall not be vitiated by any such change, provided the substance be retained. (RSMo 1939 § 11151, A.L. 2013 H.B. 175 merged with S.B. 248)

Mo. Rev. Stat. § 140.480 Record of land sold kept by collector.

140.480. Record of land sold kept by collector. — A record shall be kept by the county collector in his office containing a brief description of the lands by him conveyed on sales for taxes, the name of the person charged therewith, the date of the sale, the name of the purchaser, the amount for which it sold, the name of the grantee in the deed, and the date of its execution. (RSMo 1939 § 11154)

Mo. Rev. Stat. § 140.490 Action by damaged party against collector.

140.490. Action by damaged party against collector. — Whenever the owner of any tract, lot, parcel or piece of land is deprived of his title thereto, or to some portion thereof, or by reason of any suit in relation thereto is put to expense, damages, costs or charges, by reason of the failure of the county collector to give proper credit for any taxes paid by him, or whenever any tract, parcel or lot of land shall have been assessed to two or more different persons and the entire tax shall have been paid by either of them, and the collector shall sell such land as delinquent on account of the nonpayment by the other party of the taxes assessed against him thereon, the party damaged by such sale, or his legal representatives, may, in an action against the officer by whose act or omission such damages have been caused, or upon his official bond, recover a judgment for the amount of all the damages, costs and charges to which such owner may have been subjected in consequence of such failure or such dereliction of duty, and in addition a ten percent penalty thereon. (RSMo 1939 § 11172)

Mo. Rev. Stat. § 140.500 Mistake in name not to invalidate sale.

140.500. Mistake in name not to invalidate sale. — The sale of lands for taxes shall not be invalid on account of such lands having been listed or charged on the tax book in any other name than that of the rightful owner. (RSMo 1939 § 11160)

Mo. Rev. Stat. § 140.510 Form not to affect validity - presumption of validity.

140.510. Form not to affect validity — presumption of validity. — 1. No tax authorized by the laws of this state, and which shall be assessed on any property within this state by any officer authorized to make assessments shall be held to be illegal or invalid for want of any matter of form in any proceeding not affecting the merits of the case, and which shall not prejudice the rights of the party assessed. 2. And all taxes assessed upon any property in this state shall be presumed to be legally assessed until the contrary is affirmatively shown, and no sale of real estate for the nonpayment of the taxes thereon shall be rendered invalid by showing that any certificate, return, affidavit or other paper required to be made and filed in any office is not found in any office where the same ought to be filed or found, but until the contrary is proven the presumption shall be in all cases that such certificate, return, affidavit or other paper was properly made and filed in the proper office. (RSMo 1939 § 11171)

Mo. Rev. Stat. § 140.520 Irregularity and omissions not to invalidate proceedings.

140.520. Irregularity and omissions not to invalidate proceedings. — No irregularity in the assessment roll, no omission from the same, nor mere irregularity of any kind in any of the proceedings, shall invalidate any such proceeding, or the title conveyed by the tax deed; nor shall any failure of any officer or officers to perform the duties assigned him or them, on the day or within the time specified, work any invalidation of any such proceedings, or of such deed, and no overcharge as to a part of the taxes or costs, nor payment of such taxes or costs, shall invalidate a sale for taxes, except as to part of the real estate sold to the proportion of the whole thereof as such part of the taxes and costs is to the whole amount for which such land was sold. Acts of officers de facto shall be as valid as if they were officers de jure, and if a deed would be valid as to the sale for any one tax, it shall not be impaired by any irregularity, error or defect in the proceedings or sale for any other tax or taxes. (RSMo 1939 § 11213) Prior revisions: 1929 § 9979; 1919 § 12969; 1909 § 11521

Mo. Rev. Stat. § 140.530 Invalidity of sale, when.

140.530. Invalidity of sale, when. — No sale or conveyance of land for taxes shall be valid if at the time of being listed such land shall not have been liable to taxation, or, if liable, the taxes thereon shall have been paid before sale, or if the description is so imperfect as to fail to describe the land or lot with reasonable certainty and for the first two enumerated causes, the money paid by the purchaser at such void sale shall be refunded, with interest, out of the county treasury, on order of the county commission. (RSMo 1939 § 11156)

Mo. Rev. Stat. § 140.540 Invalidity of sale - refund of purchase money - tolling of statute.

140.540. Invalidity of sale — refund of purchase money — tolling of statute. — 1. Whenever the county collector shall discover, prior to the conveyance of any lands sold for taxes, that the sale was for any cause whatever, invalid, he shall not convey such lands; but the purchase money and the interest thereon shall be refunded out of the county treasury to the purchaser, his representatives or assigns, on the order of the county commission. 2. Such invalid sale shall suspend for the period intervening between the date of the sale and the discovery of its invalidity the running of the statute of limitations. 3. In such cases the county collector shall make an entry opposite to such tracts or lots in the record of certificates of purchase issued or redemption record that the same was erroneously sold, and the cause of invalidity, and such entry shall be prima facie evidence of fact therein stated. He shall notify the county clerk of such action, whose duty it shall be to make a like entry upon his sale record. (RSMo 1939 § 11155)

Mo. Rev. Stat. § 140.550 Transfer of lien in case of invalid deed.

140.550. Transfer of lien in case of invalid deed. — If any conveyance for taxes shall prove to be invalid and ineffectual to convey title because the description is insufficient, or for any other cause than the first two enumerated in section 140.530 , the lien which the state has on such lands shall be transferred to and vested in the grantee, his heirs and assigns, who shall be entitled to a lien on such land for the amount of taxes, interest and penalty, legally due thereon at the time of such sale, with interest, together with the amount of all subsequent taxes paid, with interest, and such lands shall be bound for the payment thereof. (RSMo 1939 § 11157)

Mo. Rev. Stat. § 140.560 Release of lien by holder upon payment.

140.560. Release of lien by holder upon payment. — Every person holding a lien upon any real estate in this state by virtue of any illegal or invalid tax deed, shall, upon the payment or tender to him by the owner or any person having an interest in such real estate, of the full amount of said lien, together with the sum of one dollar and twenty-five cents, and together with any sum that may be due him as an occupying claimant, make, execute and acknowledge before some officer authorized to take acknowledgment of deeds, and deliver to the person making such payment or tender a deed of release, releasing to the owner of such real estate all claims the holder of such invalid tax deed has on such real estate on account of such tax deed; and upon the failure of the holder of such lien to execute such deed of release as herein provided for, after demand, he shall be subject to an action in any court of competent jurisdiction to quiet the title of such real estate as against such lien, in favor of the person making such payment or tender, and shall be liable in said action for all costs accruing therein including a reasonable fee for the plaintiff's attorney in such action. (RSMo 1939 § 11158)

Mo. Rev. Stat. § 140.570 Lien in full force in certain cases when conveyance is invalid.

140.570. Lien in full force in certain cases when conveyance is invalid. — 1. If any conveyance made by the county collector, pursuant to a sale made for the nonpayment of taxes, under this or any former tax law, shall prove to be invalid and ineffectual to convey title for any other cause than such as are enumerated in section 140.610 the lien which the state had on such land for state, county, township, school and all lawful purposes, together with all lawful charges, shall remain in full force, and shall be transferred by such deed to the grantee and vested in him, his heirs and assigns, who shall be entitled to a lien upon such lands, and the same shall be bound for the final payment thereof; and in case judgment be rendered against the person holding the title from the collector, as aforesaid, for the recovery of such land, in an action of ejectment or other action, either at law or in equity, brought by the owners of such lands, heirs or assigns, the court shall ascertain the amount due to the party holding such tax deed and from whom due for principal and interest and for all improvements made by him on such lands including subsequent taxes paid with interest, and shall decree the payment thereof within such reasonable time by the owner of such land; if there be an owner of any life estate or any other person first liable for the payment of such taxes, such ownership and liability shall be ascertained by the court and entered of record in such cause, and in default of such payment the court shall decree that such life estate, the interest of such debtor in such lands and the fee simple thereof, shall be sold therefor or sufficient thereof to pay the amount of such improvements, principal and interest as above set forth, due to the party having the collector's deed, his heirs and assigns. 2. Such property shall be offered and such sales shall be made in the order, and in the manner and form as provided in section 140.330 ; provided, that there shall be no right of redemption of such property or of any such interest therein, after the date of sale, and the sheriff shall, upon receipt of the purchase money, execute to the purchaser a deed in fee simple or a lease for the unexpired term of the part or interest so sold, as the case may be, and the purchaser shall have the right of immediate possession of such land or lot and the improvements thereon. At such sale if such land or any part or parcel thereof or any interest therein be sold for a sum in excess of the lien and cost, then such surplus shall be paid over to the person or persons lawfully entitled thereto as such rights are determined by the court in its decree in said cause. (RSMo 1939 § 11170)

Mo. Rev. Stat. § 140.580 Action for the recovery of possession.

140.580. Action for the recovery of possession. — Any person hereafter putting a tax deed on record in the proper county shall be deemed to have set up such a title to the land described therein as shall enable the party claiming to own the same land to maintain an action for the recovery of the possession thereof against the grantee in deed, or any person claiming under him, whether such grantee or person is in actual possession of the land or not. (RSMo 1939 § 11178) Prior revisions: 1929 § 9965; 1919 § 12955; 1909 § 11507

Mo. Rev. Stat. § 140.590 Suits against purchaser of tax lands to be brought within three years.

140.590. Suits against purchaser of tax lands to be brought within three years. — Any suit or proceeding against the tax purchaser, his heirs or assigns, for the recovery of lands sold for taxes, or to defeat or avoid a sale or conveyance of lands for taxes, except in cases where the taxes have been paid or the land was not subject to taxation, or has been redeemed as provided by law, shall be commenced within three years from the time of recording the tax deed, and not thereafter; provided, that where the person claiming to own such land shall be an infant, or an incapacitated person, then such suit may be brought at any time within two years after the removal of such disability. (RSMo 1939 § 11177, A.L. 1983 S.B. 44 & 45) Prior revisions: 1929 § 9964; 1919 § 12954; 1909 § 11506a

Mo. Rev. Stat. § 140.600 Suit to set aside tax deeds - actual tender not necessary.

140.600. Suit to set aside tax deeds — actual tender not necessary. — 1. No suit or action in any of the courts of this state, either at law or in equity, shall hereafter be maintained by any person or corporation, against any other person or corporation, for the determination of the title to, or for the recovery of the possession of, any lands which shall have been sold for taxes, or any interest in any such lands, or for the setting aside or cancellation of any tax deed or sale of land for taxes alleged to have been void, voidable or defective, unless such person or corporation so seeking to recover such lands, or some interest therein, or the setting aside of such tax deed or tax sale, shall in his petition offer to refund to the defendant therein, or to such other person or corporation, from whom and against whom such recovery is sought, in such action, all taxes paid by such defendant, or other persons, and his grantors, remote or immediate, or by those under whom he claims, together with interest thereon from the date of payment of such taxes to the date of the judgment in such action. 2. No actual tender shall be required to be made by such plaintiff or other person seeking such recovery or cancellation of such deed, but it shall be deemed sufficient if an offer to pay the same, as soon as the amount thereof shall be ascertained, shall be made and set out in such petition. 3. All courts before which any such action may be brought or maintained shall, if the judgment in such action be adverse to the defendant, or defendants therein, and the recovery of such land, or any interest therein, be adjudged or decreed, find and adjudge by its decree or judgment the amount of money due to the defendant, or to other persons, on account of taxes or interest thereon paid as aforesaid by defendant or his grantors as aforesaid, and all such courts may, if such relief be prayed for in the answer, or the other pleading of the defendant, or other person, entitled to reimbursement, adjudge and decree that the amount so found by the court, or a jury, shall be and constitute a lien upon the lands recovered or in controversy. (RSMo 1939 § 11179) Prior revisions: 1929 § 9966; 1919 § 12956; 1909 § 11508

Mo. Rev. Stat. § 140.610 Proof by claimant of invalidity of sale.

140.610. Proof by claimant of invalidity of sale. — In all suits and controversies involving the title of land claimed and held by virtue of the deed executed by the county collector for nonpayment of taxes thereon, under this tax law, the person claiming by adverse title to such deed shall be required to prove, in order to defeat the title conveyed by such deed, either that the land described therein was not subject to taxation at the date of assessment of the tax for which it was sold, or that the taxes for the nonpayment of which the land was sold were paid to the proper officer within the time limited by law therefor, or that the same had not been assessed for the taxes for the nonpayment of which it was sold, or that the same had been redeemed pursuant to law, or that a certificate in proper form had been given by the proper officer, within the time limited by law for paying taxes or for redeeming from sales made for the nonpayment thereof, stating no taxes were due at the time such sale was made, or that at the date of the deed the redemption period had not expired. (RSMo 1939 § 11162) (1977) Held, inadequacy of consideration is not a ground for setting aside a tax deed. Powell v. County of St. Louis (Mo.), 559 S.W.2d 189.

Mo. Rev. Stat. § 140.620 County records, prima facie evidence - moneys paid to successor.

140.620. County records, prima facie evidence — moneys paid to successor. — 1. The books and records belonging to the office of county clerk and collector certified by said officers respectively, shall be deemed prima facie evidence to prove the issuance of any certificate, the sale of any land or lot for taxes, the redemption of the same or payment of taxes thereon. 2. The county collector shall, at the expiration of his term of office, pay over to his successor in office all moneys in his hands received for redemption from sale for taxes on real property. (RSMo 1939 § 11167)

Mo. Rev. Stat. § 140.630 Defendant may make claim for taxes paid - not to affect other defenses.

140.630. Defendant may make claim for taxes paid — not to affect other defenses. — 1. Any defendant in an action under section 140.600 , in addition to any other defense he may have, may set up in his answer or other pleading, a claim for taxes and interest thereon paid by him or other person under whom he claims the land and may pray that the amount of such taxes and interest, when ascertained by the court or jury, if the judgment of the court be adverse to him, shall be decreed a lien on the land or interest therein. 2. Any such claim shall in no wise affect the merit of any other defense which may be pleaded, but shall be allowed as a matter of course arising out of the litigation. (RSMo 1939 § 11180, A. 1949 S.B. 1024) Prior revisions: 1929 § 9967; 1919 § 12957; 1909 § 11509

Mo. Rev. Stat. § 140.640 Personal judgments not authorized.

140.640. Personal judgments not authorized. — Nothing in this chapter contained shall be construed to authorize a personal judgment against any owner of any land or lot, or of any interest therein, for any real estate tax levied and/or assessed against such land or lot, nor shall this law be so construed as to change in any manner whatsoever the method or mode now or that may hereafter be provided by law for the collection of drainage and/or levee assessments, or other special assessments. (RSMo 1939 § 11175)

Mo. Rev. Stat. § 140.665 Law applies to counties and cities and certain officers.

140.665. Law applies to counties and cities and certain officers. — Whenever the word "collector" is used in sections 140.050 to 140.660 * , as applicable to counties which have adopted township organization, it shall be construed to mean "collector-treasurer". Where applicable it shall also refer to the collector, or other proper officer, collecting taxes in any city or town. Where applicable the word "county" as used in sections 140.050 to 140.660 * shall be construed "city" and the words "county clerk" shall be construed "city clerk or other proper officer". (RSMo 1939 § 11174, A.L. 1959 H.B. 106, A.L. 2013 H.B. 175 merged with S.B. 248) *Section 140.660 was repealed by S.B. 117, 2011

Mo. Rev. Stat. § 140.670 City delinquent taxes, when returned - duties of collector.

140.670. City delinquent taxes, when returned — duties of collector. — 1. The collectors of all cities and incorporated towns having authority to levy and collect taxes under their respective charters or under any law of this state, which return their delinquent tax lists to the county collector to collect, shall, on or before the first Monday in March, annually, return to the county collector a list of lands and lots on which the taxes or special assessments levied by the city or incorporated town remain due and unpaid. 2. The county collector shall receipt for the aggregate amount of the delinquent taxes, which receipt shall be held by the treasurer of the city or town, and shall stand as evidence of indebtedness upon the part of the county collector and his bondsmen to the city or town, until settlement in full has been made by payment to the treasurer or his successor of all taxes thus receipted for, or by a return of the part as is uncollectible. (RSMo 1939 § 11202, A.L. 1959 H.B. 106) Prior revisions: 1929 § 9970; 1919 § 12960; 1909 § 11512

Mo. Rev. Stat. § 140.680 Power to collect such taxes.

140.680. Power to collect such taxes. — The power to collect such city or incorporated town tax or special assessments before sale is hereby given to the county collector after said delinquent list is received by him. (RSMo 1939 § 11203) Prior revisions: 1929 § 9971; 1919 § 12961; 1909 § 11513

Mo. Rev. Stat. § 140.690 Such taxes a lien.

140.690. Such taxes a lien. — Real property is in all cases liable for all taxes due any city or incorporated town, and a lien is created in favor of the state of Missouri for all these taxes, and the interest and costs provided by law, the same as for state and county taxes, which lien shall be enforced as in this chapter provided. (RSMo 1939 § 11206, A.L. 1959 H.B. 106) Prior revisions: 1929 § 9974; 1919 § 12964; 1909 § 11516

Mo. Rev. Stat. § 140.710 To be embodied in list with state and county taxes.

140.710. To be embodied in list with state and county taxes. — The tax and special assessments on the property contained in the delinquent list of such city or incorporated town shall be added to the same property, if the same property is contained in the delinquent list for state and county tax, in a separate column in such list. (RSMo 1939 § 11204) Prior revisions: 1929 § 9972; 1919 § 12962; 1909 § 11514

Mo. Rev. Stat. § 140.720 Collector to furnish statement to city - fees.

140.720. Collector to furnish statement to city — fees. — 1. The county collector shall, whenever he makes a statement of tax collections to the county commission as required by law, also furnish the treasurers of the cities and incorporated towns a statement of all delinquent and back taxes due such cities and towns which have been collected to that date, accompanied by the amount thus collected. 2. The county collector, except in those counties having a population in excess of one hundred thousand, shall be allowed the same commissions for collecting city or incorporated town taxes as are allowed him for collecting state and county taxes, but no other commission shall be allowed any officer of any such city or town for receiving or disbursing said money unless authorized by charter or ordinance; and for any default in paying over such taxes to the city or town treasurer, such county collector and his sureties shall be proceeded against on such county collector's official bond. A certified copy of said bond, from the records of the county clerk's office, shall be taken as evidence and be of the same effect in all courts of this state as the original bond required by this chapter to be filed in the office of the secretary of state. (RSMo 1939 § 11205, A.L. 1945 p. 1822) Prior revisions: 1929 § 9973; 1919 § 12963; 1909 § 11515

Mo. Rev. Stat. § 140.722 Conveyances subject to covenants and easements.

140.722. Conveyances subject to covenants and easements. — Any sale of lands under this chapter shall be subject to valid recorded covenants running with the land and to valid easements of record or in use. (L. 1996 H.B. 979)

Mo. Rev. Stat. § 140.730 Procedure for collection of personal taxes.

140.730. Procedure for collection of personal taxes. — 1. Tangible personal property taxes assessed on and after January 1, 1946, and all personal taxes delinquent at that date, shall constitute a debt, as of the date on which such taxes were levied for which a personal judgment may be recovered against the party assessed with such taxes before any court of this state having jurisdiction. 2. All actions commenced pursuant to this law shall be prosecuted in the name of the state of Missouri, at the relation and to the use of the collector and against the person or persons named in the tax bill, and in one petition and in one count thereof may be included the said taxes for all such years as may be delinquent and unpaid, and said taxes shall be set forth in a tax bill or bills of said personal back taxes duly authenticated by the certificate of the collector and filed with the petition; and said tax bill or tax bills so certified shall be prima facie evidence that the amount claimed in said suit is just and correct, and all notices and process in suits pursuant to this chapter shall be sued and served in the same manner as in civil actions, and the general laws of this state as to practice and proceedings and appeals and writs of error in civil cases shall apply, as far as applicable, to the above actions; provided, however, that in no case shall the state, county, city or collector be liable for any costs nor shall any be taxed against them or any of them. 3. For the purpose of this chapter, personal tax bills shall become delinquent on the first day of January following the year the taxes are due, and suits thereon may be instituted on and after the first day of February following, and within three years from said day. If the collector, after using due diligence, is unable to collect any personal property taxes charged in the delinquent tax list within three years following the year the taxes are due, the collector may remove such personal property taxes from the delinquent or back taxes books in the same manner as real estate is removed under section 137.260 . Such abated amounts shall be reported on the annual settlement made by a collector of revenue. 4. Said personal tax shall be presented and allowed against the estates of deceased or insolvent debtors, in the same manner and with like effect, as other indebtedness of said debtors. The remedy hereby provided for the collection of personal tax bills is cumulative, and shall not in any manner impair other methods existing or hereafter provided for the collection of the same. (RSMo 1939 § 11112, A.L. 1945 p. 1847, A.L. 1998 H.B. 1531 merged with S.B. 778, A.L. 2004 S.B. 1012) Prior revisions: 1929 § 9940; 1919 § 12932; 1909 § 11487

Mo. Rev. Stat. § 140.740 Notification to delinquent taxpayer - fee.

140.740. Notification to delinquent taxpayer — fee. — 1. Before any suit shall be brought to recover delinquent tangible personal property taxes, the collector shall notify the delinquent taxpayer by regular mail, addressed to the last known address of such taxpayer, that there are taxes assessed against him, stating the amount due and the years for which they are due, and that if the same are not paid within thirty days an action will be brought to recover such taxes; for which notice a fee of twenty-five cents may be charged and collected by the collector. In any action to recover said personal property taxes a certificate of the collector that he has mailed said notice as herein required and giving the date of such mailing shall be attached to the petition and shall constitute prima facie evidence that such notice has been duly given. 2. In each such action a fee in the amount of ten percent of the taxes due, but in no event less than five dollars, shall be allowed the attorney for the collector. Such attorney fee and all collector's fees shall be included in the judgment for taxes in such action. (RSMo 1939 § 11113, A.L. 1945 p. 1847, A.L. 1951 p. 868) Prior revisions: 1929 § 9941; 1919 § 12933

Mo. Rev. Stat. § 140.750 Commission allowed on collection of revenue.

140.750. Commission allowed on collection of revenue. — All officers required by law to receive and pay over to the collectors any part of the state and county revenue shall receive as full compensation, commission on the amount received at the rate of two percent; provided, that in counties of the first and second class and the city of St. Louis, such commission shall be paid by all officers receiving such compensation to the county or city treasury as provided by law. (RSMo 1939 § 11232, A.L. 1945 p. 1823, A.L. 1945 p. 1956) Prior revisions: 1929 § 10001; 1919 § 12991; 1909 § 11543 CROSS REFERENCE: Individual liability of such officers, 139.300

Mo. Rev. Stat. § 140.850 Contracts with private attorneys or collection agencies for assistance.

140.850. Contracts with private attorneys or collection agencies for assistance. — For all taxes administered by the department of revenue, the director may enter into contracts with private attorneys or professional collection agencies for the collection of delinquent taxes owed by residents or nonresidents of the state of Missouri; except that, any contract let pursuant to this section shall be awarded in the manner prescribed by chapter 34 and shall be subject to appropriation made therefor. Any contract entered into pursuant to this section shall not provide for a collection fee in excess of twenty-five percent of the amount collected. (L. 1983 1st Ex. Sess. H.B. 10 § 2, A.L. 1986 S.B. 669, et al.)

Mo. Rev. Stat. § 140.855 Vendors, office of administration to pay funds due vendors to department of ...

140.855. Vendors, office of administration to pay funds due vendors to department of revenue, when — notice, contents — hearing, procedure, effect of failure to request. — 1. If a vendor identified by the department of revenue is determined by the department to owe tax, the office of administration shall transfer an amount equal to the tax owed from the payment due the vendor not to exceed the amount of tax owed to the department of revenue. 2. Upon transfer of funds to the department of revenue pursuant to subsection 1 of this section, the department shall notify by certified mail the taxpayer whose payment is sought to be transferred. Such notice shall clearly set forth the name of the taxpayer, the amount of tax due, the taxpayer's opportunity to give written application for a hearing to contest the setoff within thirty days of the date of receipt of the notice and that failure to apply for such a hearing, in writing, within the thirty-day period will be deemed a waiver of the opportunity to contest the setoff and will constitute liquidation of the debt. If the application for hearing alleges a defense to the nature or amount of the claim upon which the setoff is based which requires an evidentiary hearing, the department shall promptly conduct such hearing, in accordance with the provisions of chapter 536 . Failure of the debtor to make application for a hearing shall constitute liquidation of the debt. If the debt is based on a court or administrative order, the debtor shall be entitled to assert only those defenses which arose subsequent to such court or administrative order, and no issue may be raised at the hearing which has previously been litigated. (L. 1986 S.B. 669, et al. § 3, A.L. 1993 H.B. 874) Effective 7-1-93

Mo. Rev. Stat. § 140.980 Citation of law - definitions.

140.980. Citation of law — definitions. — 1. Sections 140.980 to 140.1015 shall be known and may be cited as the "Chapter 140 Land Bank Act". 2. As used in sections 140.980 to 140.1015 , the following terms mean: (1) "Land bank agency" , an agency established by a county or municipality under the authority of section 140.981 ; (2) "Land taxes" , taxes on real property or real estate, including the taxes both on the land and the improvements thereon; (3) "Municipality" , any incorporated city, town, or village in this state; (4) "Political subdivision" , any county, city, town, village, school district, library district, or any other public subdivision or public corporation that has the power to tax; (5) "Reserve period taxes" , land taxes assessed against any parcel of real estate sold or otherwise disposed of by a land bank agency for the first three tax years following such sale or disposition; (6) "Tax bill" , real estate taxes and the lien thereof, whether general or special, levied and assessed by any taxing authority; (7) "Taxing authority" , any governmental, managing, administering, or other lawful authority, now or hereafter empowered by law to issue tax bills. (L. 2019 H.B. 821, A.L. 2024 H.B. 2062)

Mo. Rev. Stat. § 140.981 Land bank agency authorized, purpose - public body corporate and politic.

140.981. Land bank agency authorized, purpose — public body corporate and politic. — 1. Any county with more than one million inhabitants may establish a land bank agency for the management, sale, transfer, and other disposition of interests in real estate owned by such land bank agency. Any such county may establish a land bank agency by ordinance, resolution, or rule, as applicable. Such ordinance, resolution, or rule shall specify the name of the land bank agency. No county in which a land bank agency has been established under the provisions of sections 141.980 to 141.1015 shall elect to establish a land bank agency under this section. 2. Any municipality with more than one thousand five hundred inhabitants not located within a county with more than one million inhabitants may establish a land bank agency for the management, sale, transfer, and other disposition of interests in real estate owned by such land bank agency. A municipality may establish a land bank agency by ordinance, resolution, or rule, as applicable. 3. A land bank agency shall not own any interest in real estate located wholly or partially outside the city that established the land bank. 4. A land bank agency shall be established for the purpose of returning land, including land that is in a non-revenue-generating, non-tax-producing status, to use in private ownership, or for public use. 5. A land bank agency created under the chapter 140 land bank act shall be a public body corporate and politic and shall have permanent and perpetual duration until terminated and dissolved in accordance with the provisions of section 140.1012 . (L. 2019 H.B. 821, A.L. 2024 H.B. 2062)

Mo. Rev. Stat. § 140.982 Organization, duties, and powers.

140.982. Organization, duties, and powers. — 1. If a county establishes a land bank agency under subsection 1 of section 140.981 , the members of the first board of directors of a land bank agency shall be appointed within ninety days after the effective date of the ordinance, resolution, or rule passed establishing such land bank agency. If any appointing authority fails to make any appointment of a board member within the time the first appointments are required, the appointment shall be made by the county council. The following requirements shall apply to the board of directors: (1) The board of directors shall consist of seven members: (a) Two of whom shall be appointed by the county executive, one of whom shall have professional expertise relevant to the land bank agency; (b) One of whom shall be appointed by the member of the county council representing the district with the highest number of tax delinquent parcels. Such board member shall maintain a primary residence within such district; (c) One of whom shall be appointed by the member of the county council representing the district with the second highest number of tax delinquent parcels. Such board member shall maintain a primary residence within such district; (d) One of whom shall be appointed by consensus of the county executive and the president of the municipal league of the county; and (e) Two of whom shall be resident representatives. Resident representatives shall be appointed by a majority vote of the other board members, and each resident representative shall maintain a primary residence within one of the twenty municipalities containing the highest percentage of tax delinquent parcels; (2) The term of office of a member shall be four years. Each member's primary residence shall be in the county that has established the land bank agency. Each member serves at the pleasure of the member's appointing authority, may be an employee of the appointing authority, and shall serve without compensation; (3) No public officer shall be eligible to serve as a board member. For purposes of this subdivision, "public officer" means a person who is holding an elected public office. Any public employee shall be eligible to serve as a board member; (4) The members of the board shall select annually from among themselves a chair, a vice chair, a treasurer, and such other officers as the board may determine and shall establish the officers' duties, as may be regulated by rules adopted by the board; (5) The board shall establish rules and requirements relative to the attendance and participation of members in its meetings, regular or special. Such rules and regulations may prescribe a procedure whereby, if any member fails to comply with such rules and regulations, such member may be disqualified and removed automatically from office by no less than a majority vote of the remaining members of the board, and that member's position shall be vacant as of the first day of the next calendar month. Any person removed under the provisions of this subdivision shall be ineligible for reappointment to the board unless such reappointment is confirmed unanimously by the board; (6) A vacancy on the board shall be filled in the same manner as the original appointment. If any appointing authority fails to make any appointment of a board member within sixty days after any term expires, the appointment shall be made by the county council; (7) Board members shall serve without compensation. The board may reimburse any member for expenses actually incurred in the performance of duties on behalf of the land bank agency; (8) The board shall have the power to organize and reorganize the executive, administrative, clerical, and other departments of the land bank agency and to fix the duties, powers, and compensation of all employees, agents, and consultants of the land bank agency; (9) The board shall meet in regular session according to a schedule adopted by the board and also shall meet in special session as convened by the chair or upon written notice signed by a majority of the members. The presence of a majority of total membership, excluding vacancies, shall constitute a quorum; (10) All actions of the board shall be approved by the affirmative vote of a majority of the members of that board present and voting. However, no action of the board shall be authorized on the following matters unless approved by a majority of the total board membership: (a) Adoption, amendment, or repeal of bylaws and other rules and regulations for conduct of the land bank agency's business; (b) Hiring or firing of any employee or contractor of the land bank agency. This function may, by majority vote, be delegated by the board to a specified officer or committee of the land bank agency under such terms and conditions and to the extent that the board may specify; (c) Adoption or amendment of the annual budget; and (d) Sale, encumbrance, or alienation of real property, improvements, or personal property; (11) The governing body of the county establishing a land bank agency may incur debt, including, without limitation, borrowing moneys and issuing bonds, notes, or other obligations to provide funding for the land bank agency; (12) Members of a board shall not be liable personally on the bonds or other obligations of the land bank agency, and the rights of creditors shall be solely against such land bank agency; and (13) Vote by proxy shall not be permitted. Any member may request a recorded vote on any resolution or action of the land bank agency. 2. If a municipality establishes a land bank agency under subsection 1 of section 140.981 , the ordinance, resolution, or rule, as applicable, may specify the following: (1) The name of the land bank agency; (2) The number of members of the board of directors, which shall consist of an odd number of members and shall be no fewer than five members nor more than eleven members; (3) The initial individuals to serve as members of the board of directors and the length of terms for which the members are to serve; and (4) The qualifications, manner of selection or appointment, and terms of office of members of the board. 3. A land bank agency may employ a secretary, an executive director, its own counsel and legal staff, technical experts, and other agents and employees, permanent or temporary, as it may require and may determine the qualifications and fix the compensation and benefits of such persons. A land bank agency may also enter into contracts and agreements with political subdivisions for staffing services to be provided to the land bank agency by political subdivisions or agencies or departments thereof, or for a land bank agency to provide such staffing services to political subdivisions or agencies or departments thereof. (L. 2019 H.B. 821, A.L. 2024 H.B. 2062)

Mo. Rev. Stat. § 140.983 Powers of land bank agency.

140.983. Powers of land bank agency. — A land bank agency established under the chapter 140 land bank act shall have all powers necessary or appropriate to carry out and effectuate the purposes and provisions of the chapter 140 land bank act, including the following powers in addition to those herein otherwise granted: (1) To adopt, amend, and repeal bylaws for the regulation of its affairs and the conduct of its business; (2) To sue and be sued, in its own name, and plead and be impleaded in all civil actions including, but not limited to, actions to clear title to property of the land bank agency; (3) To adopt a seal and to alter the same at pleasure; (4) To borrow from the political subdivision establishing the land bank agency, as may be necessary for the operation and work of the land bank agency; (5) To procure insurance or guarantees from political subdivisions, the state, the federal government, or any other public or private sources of the payment of any bond, note, loan, or other obligation, or portion thereof, incurred by the land bank agency and to pay any fees or premiums in connection therewith; (6) To enter into contracts and other instruments necessary, incidental, or convenient to the performance of its duties and the exercise of its powers including, but not limited to, agreements with other land bank agencies and with political subdivisions for the joint exercise of powers under this chapter; (7) To enter into contracts and other instruments necessary, incidental, or convenient to: (a) The performance of functions by the land bank agency on behalf of political subdivisions, or agencies or departments thereof; or (b) The performance by political subdivisions, or agencies or departments thereof, of functions on behalf of the land bank agency; (8) To make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the land bank agency; (9) To procure insurance against losses in connection with the property, assets, or activities of the land bank agency; (10) To invest the moneys of the land bank agency in the same manner as moneys are invested by the state treasurer, including amounts deposited in reserve or sinking funds, at the discretion of the land bank agency in obligations or property determined proper by the land bank agency and to name and use depositories for its moneys; (11) To enter into contracts for the management of or the sale of the property of the land bank agency; (12) To design, develop for public use, construct, demolish, reconstruct, rehabilitate, renovate, relocate, equip, furnish, and otherwise improve real property or rights or interests in real property held by the land bank agency; (13) To acquire property, whether by purchase, exchange, gift, lease, or otherwise, except not property not wholly located in the county or municipality that established the land bank agency; to grant or acquire licenses and easements; and to sell, grant an option with respect to, or otherwise dispose of, any property of the land bank agency; (14) To enter into partnerships, joint ventures, and other collaborative relationships with political subdivisions and other public and private entities for the management, development, and disposition of real property, except not for property not wholly located in the county or municipality that established the land bank agency; and (15) Subject to the other provisions of this chapter and all other applicable laws, to do all other things necessary or convenient to achieve the objectives and purposes of the land bank agency or other laws that relate to the purposes and responsibility of the land bank agency. (L. 2019 H.B. 821, A.L. 2024 H.B. 2062)

Mo. Rev. Stat. § 140.984 Agency income to be tax exempt - acquisition of property, requirements.

140.984. Agency income to be tax exempt — acquisition of property, requirements. — 1. The income of a land bank agency shall be exempt from all taxation by the state and by any of its political subdivisions. Upon acquiring title to any real estate, a land bank agency shall immediately notify the county assessor and the county collector of such ownership; all taxes, special taxes, fines, and fees on such real estate shall be deemed satisfied by transfer to the land bank agency; and such property shall be exempt from all taxation during the land bank agency's ownership thereof, in the same manner and to the same extent as any other publicly owned real estate. Upon the sale or other disposition of any real estate held by it, the land bank agency shall immediately notify the county assessor and the county collector of such change of ownership. However, that such tax exemption for improved and occupied real property held by the land bank agency as a lessor pursuant to a ground lease shall terminate upon the first occupancy, and the land bank agency shall immediately notify the county assessor and the county collector of such occupancy. 2. A land bank agency may acquire real property by gift, devise, transfer, exchange, foreclosure, purchase, or pursuant to sections 141.560 to 141.580 or section 141.819 * , except a land bank agency shall not acquire property located partially or wholly outside the boundaries of the county or municipality that established such land bank agency. 3. A land bank agency may acquire property by purchase contracts, lease purchase agreements, installment sales contracts, and land contracts and may accept transfers from political subdivisions upon such terms and conditions as agreed to by the land bank agency and the political subdivision. A land bank agency may bid on any parcel of real estate offered for sale, offered at a foreclosure sale under sections 140.220 to 140.250 , offered at a sale conducted under section 140.190 , 140.240 , or 140.250 , or offered at a foreclosure sale under section 141.550 . Notwithstanding any other law to the contrary, any political subdivision may transfer to the land bank agency real property and interests in real property of the political subdivision on such terms and conditions and according to such procedures as determined by the political subdivision. 4. A land bank agency shall maintain all of its real property in accordance with the laws and ordinances of the jurisdictions in which the real property is located. 5. Upon issuance of a deed to a parcel of real estate to a land bank agency under subsection 4 of section 140.250 , subsection 5 of section 140.405 , other sale conducted under section 140.190 , 140.240 , or 140.250 , or section 141.550 , the land bank agency shall pay only the amount of the land bank agency's bid that exceeds the amount of all tax bills included in the judgment, interest, penalties, attorney's fees, taxes, and costs then due thereon. If the real estate is acquired in a delinquent land tax auction under subsection 4 of section 140.250 , subsection 5 of section 140.405 , or other sale conducted under section 140.190 , 140.240 , or 140.250 , such excess shall be applied and distributed in accordance with section 140.230 . If the real estate is acquired in a delinquent land tax auction under section 141.550 , such excess shall be applied and distributed in accordance with subsections 3 and 4 of section 141.580 , exclusive of subdivision (3) of subsection 3 of section 141.580 . Upon issuance of a deed, the county collector shall mark the tax bills included in the judgment as "cancelled by sale to the land bank" and shall take credit for the full amount of such tax bills, including principal amount, interest, penalties, attorney's fees, and costs, on the county collector's books and in the county collector's statements with any other taxing authorities. 6. A land bank shall not own real property unless the property is wholly located within the boundaries of the county or municipality that established the land bank agency. 7. Within one year of the effective date of the ordinance, resolution, or rule passed establishing a municipal land bank agency under subsection 2 of section 140.981 , the title to any real property that is located wholly within the municipality that created the land bank agency and that is held by a land trust created under subsection 1 of section 141.819 * shall be transferred by deed from the land trust to such land bank agency, at the land bank agency's request. (L. 2019 H.B. 821, A.L. 2024 H.B. 2062, A.L. 2025 H.B. 199) *Statutory reference to section " 141.821 " changed to " 141.819 " in accordance with section 3.060 based on section renumbering by the Revisor in H.B. 2062, 2024.

Mo. Rev. Stat. § 140.985 Real property to be held in agency name - public inspection of inventory - ...

140.985. Real property to be held in agency name — public inspection of inventory — transfer of property, requirements — proceeds of sales, use of. — 1. A land bank agency shall hold in its own name all real property acquired by such land bank agency irrespective of the identity of the transferor of such property. 2. A land bank agency shall maintain and make available for public review and inspection an inventory and history of all real property the land bank agency holds or formerly held. This inventory and history shall be available on the land bank agency's website and include at a minimum: (1) Whether a parcel is available for sale; (2) The address of the parcel if an address has been assigned; (3) The parcel number if no address has been assigned; (4) The month and year that a parcel entered the land bank agency's inventory; (5) Whether a parcel has sold; (6) If a parcel has sold, the name of the person or entity to which it was sold; and (7) Whether the parcel was acquired by the land bank agency through judicial foreclosure, nonjudicial foreclosure, donation, or some other manner. 3. The land bank agency shall determine and set forth in policies and procedures the general terms and conditions for consideration to be received by the land bank agency for the transfer of real property and interests in real property. Consideration may take the form of monetary payments and secured financial obligations, covenants, and conditions related to the present and future use of the property; contractual commitments of the transferee; and such other forms of consideration as the land bank agency determines to be in the best interest of the land bank agency. 4. A land bank agency may convey, exchange, sell, transfer, grant, release and demise, pledge, and hypothecate any and all interests in, upon, or to property of the land bank agency. A land bank agency may gift any interest in, upon, or to property to the county or municipality that established the land bank agency. 5. A county or municipality may, in its resolution, ordinance, or rule creating a land bank agency, establish a hierarchical ranking of priorities for the use of real property conveyed by such land bank agency, including, but not limited to: (1) Use for purely public spaces and places; (2) Use as wildlife conservation areas; (3) Use as a green field area; and (4) To return to private use. If a county or municipality, in its resolution, ordinance, or rule creating a land bank agency, establishes priorities for the use of real property conveyed by the land bank agency, such priorities shall be consistent with and no more restrictive than municipal planning and zoning ordinances. 6. The land bank agency may delegate to officers and employees the authority to enter into and execute agreements, instruments of conveyance, and all other related documents pertaining to the conveyance of property by the land bank agency. 7. Any property sold by a land bank agency that was acquired through purchase, transfer, exchange, or gift shall be sold. 8. When any parcel of real estate acquired by a land bank agency is sold or otherwise disposed of by such land bank agency, the proceeds therefrom shall be applied and distributed in the following order: (1) To the payment of the expenses of the sale; (2) To fulfill the requirements of the resolution, indenture, or other financing documents adopted or entered into in connection with bonds, notes, or other obligations of the land bank agency, to the extent that such requirements may apply with respect to such parcel of real estate; (3) To the land bank agency to pay the salaries and other expenses of such land bank agency and of its employees as provided for in its annual budget; and (4) Any funds in excess of those necessary to meet the expenses of the annual budget of the land bank agency in any fiscal year and a reasonable sum to carry over into the next fiscal year to assure that sufficient funds will be available to meet initial expenses for that next fiscal year shall be paid to the respective taxing authorities that, at the time of the distribution, are taxing the real property from which the proceeds are being distributed. The distributions shall be in proportion to the amounts of the taxes levied on the properties by the taxing authorities. Distribution shall be made on January first and July first of each year, and at such other times as the land bank agency may determine. (L. 2019 H.B. 821, A.L. 2024 H.B. 2062)

Mo. Rev. Stat. § 140.986 Productive use of property, time period to show - extension, when - public ...

140.986. Productive use of property, time period to show — extension, when — public sale, when. — 1. No later than five years from the date it acquired the property, a land bank agency shall either sell, put to a productive use, or show significant progress towards selling or putting to a productive use a parcel of real property. A productive use may be demolishing all structures of the property or using the property for a community garden, park, or other open public space. No later than eight years from the date it acquired the property, a land bank agency shall sell, clear, or put such property to public use. 2. The governing body of the county or municipality may grant the land bank agency a one-year extension if the body determines by a majority vote that unforeseen circumstances have delayed the sale or productive use of a parcel of property. 3. If a land bank agency owns a parcel of real property that does not have a productive use after five years, or does not receive an extension under subsection 2 of this section, the property shall be offered for public sale using the procedures under sections 140.170 to 140.190 . (L. 2019 H.B. 821, A.L. 2024 H.B. 2062)

Mo. Rev. Stat. § 140.987 Sale of property, buyer restrictions - contract for improvements, when - ...

140.987. Sale of property, buyer restrictions — contract for improvements, when — breach remedies. — 1. A land bank agency shall require that any buyer demonstrate that the buyer is not the owner of any parcel of real estate within the county or municipality that created the land bank agency for which a tax bill has been delinquent for more than one year or is in violation of any municipal building or housing code, and is not the original owner or relative of such owner within the second degree of consanguinity of the parcel sold, transferred, exchanged, or gifted to the land bank agency. 2. No foreign or domestic corporation or limited liability company that has failed to appoint or maintain a registered agent under chapter 347 or 351 shall be eligible to buy property from the land bank agency. No foreign corporate entity shall be eligible to buy property from the land bank agency unless it has a certificate of authority to transact business in Missouri under section 351.572 . 3. As a condition of the sale or other authorized conveyance of ownership of any parcel of land owned by the land bank agency to a private owner, such owner may be required to enter into a contract, which may be secured by a deed of trust in favor of the land bank agency, stipulating that such owner or the owner's successor agrees that such owner or the owner's successor make certain improvements to the parcel. If the land bank agency finds by resolution that the terms of the contract have not been satisfied, the land bank agency shall be authorized to bring suit to recover damages for the breach and to seek a judicial foreclosure of the parcel under sections 443.190 to 443.260 , except that upon final judgment of the court, title shall revert to the land bank agency without necessity of sale. As an alternative to, or in addition to, seeking a judicial foreclosure, the land bank agency may, only by gift, assign or convey its right to foreclose under sections 443.190 to 443.260 to any 501(c)(3) tax-exempt nonprofit organization or exercise the right of reentry under chapter 524, 527, or 534. The land bank agency or its assignee shall assume title to the land by filing a copy of the judgment with the recorder of deeds in the county where the property is located. Any property redeemed by the land bank agency under the provisions of this section shall be administered in the same manner as other property sold to the land bank agency. (L. 2019 H.B. 821, A.L. 2024 H.B. 2062)

Mo. Rev. Stat. § 140.988 Funding sources for agency - property taxes, distribution by county ...

140.988. Funding sources for agency — property taxes, distribution by county collector to agency after sale of property — fee for delinquent tax collection. — 1. (1) A land bank agency may receive funding through grants and gifts from political subdivisions, the state, the federal government, and other public and private sources. (2) A land bank agency may receive funding through gifts from any source, provided that the land bank agency shall not sell or otherwise transfer by any means any real property held by the land bank agency to the entity from which the land bank agency received a gift pursuant to this subdivision. 2. Except as otherwise provided in subsection 7 of section 140.985 , a land bank agency may receive and retain payments for services rendered, for consideration for disposition of real and personal property, for proceeds of insurance coverage for losses incurred, for income from investments, and for any other asset and activity lawfully permitted to a land bank agency under the chapter 140 land bank act. 3. If a land bank agency sells or otherwise disposes of a parcel of real estate held by it, any land taxes assessed against such parcel for the three tax years following such sale or disposition by such land bank agency that are collected by the county collector in a calendar year and not refunded, less the fees provided under section 52.260 and subsection 4 of this section and less the amounts to be deducted under section 137.720 , shall be distributed by the county collector to such land bank agency no later than March first of the following calendar year, provided that land taxes impounded under section 139.031 or otherwise paid under protest shall not be subject to distribution under this subsection. Any amount required to be distributed to a land bank agency under this subsection shall be subject to offset for amounts previously distributed to such land bank agency that were assessed, collected, or distributed in error. 4. In addition to any other provisions of law related to collection fees, the county collector shall collect on behalf of the county a fee of four percent of reserve period taxes collected and such fees collected shall be deposited in the county general fund. 5. If a county has established a land bank agency under subsection 1 of section 140.981 , the collector may collect on behalf of the county a fee for the collection of delinquent and back taxes of up to five percent on all sums collected to be added to the face of the tax bill and collected from the party paying the tax. All fees collected under the provisions of this subsection shall be paid to the land bank agency established under subsection 1 of section 140.981 . (L. 2019 H.B. 821, A.L. 2024 H.B. 2062)

Mo. Rev. Stat. § 140.991 Annual audit, when - performance audit, when.

140.991. Annual audit, when — performance audit, when. — 1. There shall be an annual audit of the affairs, accounts, expenses, and financial transactions of a land bank agency by a certified public accountant before April thirtieth of each year, which accountant shall be employed by the land bank agency on or before March first of each year. Certified copies of the audit shall be furnished to the county or municipality that established the land bank agency, and the county or municipality shall post the audit on its public website. Copies of the audit shall also be available for public inspection at the office of the land bank agency. 2. The land bank agency may be performance audited at any time by the state auditor or by the auditor of the county or municipality that established the land bank agency. The land bank agency shall make copies of such audit available to the public and shall post a copy of the audit on the land bank agency's website within thirty days of the completion of the audit. (L. 2019 H.B. 821, A.L. 2024 H.B. 2062)

Mo. Rev. Stat. § 140.994 Bonds, receipt of funds from - requirements.

140.994. Bonds, receipt of funds from — requirements. — 1. A land bank agency shall have power to receive funds from bonds issued by the county or municipality that created the land bank agency, for any of its corporate purposes. The bonds shall be special, limited obligations of the county or municipality that created the land bank agency, the principal of and interest on which shall be payable solely from the income and revenue derived from the sale, or other disposition of the assets of the land bank agency, or such portion thereof as may be designated in the resolution, indenture, or other financing documents relating to the issuance of the bonds. 2. Bonds issued pursuant to this section shall not be deemed to be an indebtedness within the meaning of any constitutional or statutory limitation upon the incurring of indebtedness. The bonds shall not constitute a debt, liability, or obligation of the state or a pledge of the full faith and credit or the taxing power of the state and the bonds shall contain a recital to that effect. Neither the members of the board nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. 3. Bonds issued pursuant to this section shall be authorized by resolution of the governing body of the county or municipality establishing the land bank agency, shall be issued in such form, shall be in such denominations, shall bear interest at such rate or rates, shall mature on such dates and in such manner, shall be subject to redemption at such times and on such terms, and shall be executed by one or more members of the governing body of the county or municipality establishing the land bank agency, as provided in the resolution authorizing the issuance thereof or as set out in the indenture or other financing document authorized and approved by such resolution. The governing body of the county or municipality establishing the land bank agency may sell such bonds in such manner, either at public or at private sale, and for such price as the governing body of the county or municipality establishing the land bank agency may determine to be in the best interests of the land bank agency. 4. A governing body of the county or municipality establishing the land bank agency may from time to time, as authorized by resolution of the governing body, issue refunding bonds for the purpose of refunding, extending, and unifying all or any part of its valid outstanding bonds. Such refunding bonds may be payable from any of the sources identified in subsection 1 of this section and from the investment of any of the proceeds of the refunding bonds. 5. The bonds issued by the governing body of the county or municipality establishing the land bank agency shall be negotiable instruments under chapter 400 . 6. Bonds issued under this section and all income or interest thereon shall be exempt from all state taxes. 7. The governing body of the county or municipality establishing the land bank agency shall have the power to issue temporary notes upon the same terms and subject to all provisions and restrictions applicable to bonds under this section. Such notes issued by the governing body may be refunded by notes or bonds authorized under this section. (L. 2024 H.B. 2062)

Mo. Rev. Stat. § 140.995 Rent or lease of property.

140.995. Rent or lease of property. — Notwithstanding any provision of sections 140.980 to 140.995 to the contrary, a land bank agency may rent or lease property held by the land bank agency for community, noncommercial agricultural uses. (L. 2024 H.B. 2062)

Mo. Rev. Stat. § 140.997 Meeting requirements.

140.997. Meeting requirements. — Except as otherwise provided under state law, the land bank agency meetings shall cause minutes and a record to be kept of all its proceedings. The land bank agency shall be subject to the provisions of chapter 109 , chapter 610 , and any other applicable provisions of law governing public records and public meetings. (L. 2019 H.B. 821)

Mo. Rev. Stat. § 140.1000 Limitation on board members and agency employees - violation, penalty - ...

140.1000. Limitation on board members and agency employees — violation, penalty — conflicts of interest rules. — 1. No board member or employee of a land bank agency shall receive any compensation, emolument, or other profit directly or indirectly from the rental, management, acquisition, sale, demolition, repair, rehabilitation, use, operation, ownership, or disposition of any lands held by such land bank agency other than the salaries, expenses, and emoluments provided for in the chapter 140 land bank act. 2. No member of the board or employee of a land bank agency shall own, directly or indirectly, any legal or equitable interest in or to any lands held by such land bank agency other than the salaries, expenses, and emoluments provided for in sections 140.980 to 140.1015 . 3. A violation of this section is a class D felony. 4. The land bank agency may adopt supplemental rules and regulations addressing potential conflicts of interest and ethical guidelines for board members and land bank agency employees, provided that such rules and regulations are not inconsistent with this chapter or any other applicable law. 5. Any person who is related to a board member or employee of a land bank agency within the second degree of consanguinity or affinity shall be considered a board member or employee of a land bank agency for purposes of this section and subject to its provisions. (L. 2019 H.B. 821, A.L. 2024 H.B. 2062)

Mo. Rev. Stat. § 140.1003 Agency to have complete control of property.

140.1003. Agency to have complete control of property. — Except as otherwise expressly set forth in sections 140.980 to 140.1015 , in the exercise of its powers and duties under the land bank act and its powers relating to property held by the land bank agency, the land bank agency shall have complete control of the property as fully and completely as if it were a private property owner. (L. 2019 H.B. 821)

Mo. Rev. Stat. § 140.1009 Quiet title action permitted, procedure.

140.1009. Quiet title action permitted, procedure. — 1. A land bank agency shall be authorized to file an action to quiet title under section 527.150 as to any real property in which the land bank agency has an interest. For purposes of any and all such actions, the land bank agency shall be deemed to be the holder of sufficient legal and equitable interests, and possessory rights, so as to qualify the land bank agency as an adequate petitioner in such action. 2. Prior to the filing of an action to quiet title, the land bank agency shall conduct an examination of title to determine the identity of any and all persons and entities possessing a claim or interest in or to the real property. Service of the petition to quiet title shall be provided to all such interested parties by the following methods: (1) Registered or certified mail to such identity and address as reasonably ascertainable by an inspection of public records; (2) In the case of occupied real property, by first class mail addressed to "Occupant"; (3) By posting a copy of the notice on the real property; (4) By publication in a newspaper of general circulation in the county or municipality in which the property is located; and (5) Such other methods as the court may order or as may be required by prevailing motions of due process. 3. As part of the petition to quiet title, the land bank agency shall file an affidavit identifying all parties potentially having an interest in the real property and the form of notice provided. 4. The court shall schedule a hearing on the petition within ninety days following filing of the petition and, as to all matters upon which an answer was not filed by an interested party, the court shall issue its final judgment within one hundred twenty days of the filing of the petition. 5. A land bank agency shall be authorized to join in a single petition to quiet title one or more parcels of real property. (L. 2019 H.B. 821, A.L. 2024 H.B. 2062)

Mo. Rev. Stat. § 140.1012 Dissolution of agency, procedure.

140.1012. Dissolution of agency, procedure. — 1. A land bank agency shall be dissolved as a public body corporate and politic no sooner than sixty calendar days, but no later than one hundred eighty calendar days, after an ordinance or resolution for such dissolution is passed by the county or municipality that established the land bank agency. 2. No less than sixty calendar days' advance written notice of consideration of such an ordinance or resolution of dissolution shall be given to the land bank agency, shall be published in a local newspaper of general circulation within such county or municipality, and shall be sent certified mail to each trustee of any outstanding bonds of the land bank agency. 3. No land bank agency shall be dissolved while there remains any outstanding bonds, notes, or other obligations of the land bank agency unless such bonds, notes, or other obligations are paid or defeased pursuant to the resolution, indenture, or other financing document under which such bonds, notes, or other obligations were issued prior to or simultaneously with such dissolution. Once all outstanding bonds, notes, or other obligations are satisfied, no new property shall be purchased by, gifted to, traded to, or exchanged with the land bank agency. No further debts or other obligations shall be incurred other than that which is necessary to sell or put to public use any remaining property held by the land bank agency. The land bank agency shall be dissolved within thirty days after all outstanding bonds, notes, or other obligations are satisfied. 4. Upon dissolution of a land bank agency pursuant to this section, all real property, personal property, and other assets of the land bank agency shall be transferred by appropriate written instrument to and shall become the assets of the county or municipality that established the land bank agency. Such county or municipality shall act expeditiously to return such real property to the tax rolls and shall market and sell such real property using an open, public method that ensures the best possible prices are realized while ensuring such real property is returned to a suitable, productive use for the betterment of the neighborhood in which such real property is located. Upon the sale or other disposition of any such property by such county or municipality, the proceeds therefrom shall be applied and distributed in the following order: (1) To the payment of the expenses of sale; (2) To the reasonable costs incurred by such county or municipality in maintaining and marketing such property; and (3) The balance shall be paid to the respective taxing authorities that, at the time of the distribution, are taxing the real property from which the proceeds are being distributed. (L. 2019 H.B. 821, A.L. 2024 H.B. 2062)

Mo. Rev. Stat. § 140.1015 Eminent domain, agency not authorized to exercise - no power to tax.

140.1015. Eminent domain, agency not authorized to exercise — no power to tax. — A land bank agency shall neither possess nor exercise the power of eminent domain. A land bank agency shall not have the power to tax. (L. 2019 H.B. 821)
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://revisor.mo.gov/main/OneChapter.aspx?chapter=140Fetched: 10/17/2026