140.405. Purchaser of property at delinquent land tax auction, deed issued to, when--affidavit--notice of right of redemption--loss of interest, when. - Missouri Statutes

Purchaser of property at delinquent land tax auction, deed issued to,when--affidavit--notice of right of redemption--loss of interest,when.

140.405. Any person purchasing property at a delinquent land taxauction shall not acquire the deed to the real estate, as provided for insection 140.420, until the person meets with the following requirement oruntil such person makes affidavit that a title search has revealed nopublicly recorded deed of trust, mortgage, lease, lien or claim on the realestate. At least ninety days prior to the date when a purchaser isauthorized to acquire the deed, the purchaser shall notify any person whoholds a publicly recorded deed of trust, mortgage, lease, lien or claimupon that real estate of the latter person's right to redeem such person'spublicly recorded security or claim. Notice shall be sent by certifiedmail to any such person, including one who was the publicly recorded ownerof the property sold at the delinquent land tax auction previous to suchsale, at such person's last known available address. Failure of thepurchaser to comply with this provision shall result in such purchaser'sloss of all interest in the real estate. If any real estate is purchasedat a third-offering tax auction and has a publicly recorded deed of trust,mortgage, lease, lien or claim upon the real estate, the purchaser of saidproperty at a third-offering tax auction shall notify anyone with apublicly recorded deed of trust, mortgage, lease, lien or claim upon thereal estate pursuant to this section. Once the purchaser has notified thecounty collector by affidavit that proper notice has been given, anyonewith a publicly recorded deed of trust, mortgage, lease, lien or claim uponthe property shall have ninety days to redeem said property or be foreverbarred from redeeming said property. If the county collector chooses tohave the title search done then the county collector must comply with allprovisions of this section, and may charge the purchaser the cost of thetitle search before giving the purchaser a deed pursuant to section140.420.

(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)

(2009) Notice of redemption rights sent by certified mail to former property owner but returned unclaimed was insufficient notice under Due Process Clause; additional steps such as notification by regular mail or use of a process server are required. Schlereth v. Hardy, 280 S.W.3d 47 (Mo.banc).