141.520. Waiting period before advertisement of sheriff's sale, exception if vacant residential property and redemption is barred--immediate sale when judgment becomes final (first class charter c - Missouri Statutes

Waiting period before advertisement of sheriff's sale, exception ifvacant residential property and redemption is barred--immediate salewhen judgment becomes final (first class charter counties).

141.520. 1. After the judgment of foreclosure has beenentered, or, after a motion for a new trial has been overruled,or, if an appeal be taken from such judgment and the judgment hasbeen affirmed, after the sheriff shall have been notified by anyparty to the suit that such judgment has been affirmed on appealand that the mandate of the appellate court is on file with thecircuit clerk, there shall be a waiting period of six monthsbefore any advertisement of sheriff's sale shall be published.

2. If any such parcel of real estate be not redeemed, or ifno written contract providing for redemption be made within sixmonths after the date of the judgment of foreclosure, if nomotion for rehearing be filed, and, if filed, within six monthsafter such motion may have been overruled, or, if an appeal betaken from such judgment and the judgment be affirmed, within sixmonths after the sheriff shall have been notified by any party tothe suit that such judgment has been affirmed on appeal and thatthe mandate of the appellate court is on file with the circuitclerk, the sheriff shall commence to advertise the real estatedescribed in the judgment and shall fix the date of sale withinthirty days after the date of the first publication of the noticeof sheriff's sale as herein provided, and shall at such saleproceed to sell the real estate.

3. Any provisions of this chapter to the contrarynotwithstanding, the owner of any parcel of real property againstwhich a judgment has been rendered shall not have the right toredeem such property from said judgment if at the time ofjudgment such property is assessed as residential property andthe judgment finds the property has been vacant for a period ofnot less than six months prior to the judgment. After a judgmentas provided for in this section becomes final, the waiting periodshall not apply to such judgment and a sale under execution ofthe judgment shall be immediately held as provided under theapplicable provisions of this chapter.

(L. 1943 p. 1029 § 25, A.L. 1992 H.B. 1434 & 1490)

(1975) Advertising sheriff's sale three days early held to be a jurisdictional irregularity and to invalidate sale. Wates v. Carnes (Mo.), 521 S.W.2d 389.