242.610. Action instituted against whom--notice filed, effect. - Missouri Statutes

Action instituted against whom--notice filed, effect.

242.610. 1. Whenever any drainage or levee districtheretofore or hereafter organized or reorganized and existingunder any of the drainage or levee laws of the state of Missouri,shall hereafter institute an action, in the manner now providedby law, to enforce the collection of unpaid delinquent annualassessments levied by it, such district shall cause said actionto be instituted against the last record owner or owners of theland against which the delinquent assessments sued for werelevied, as shown by the records in the recorder's office of thecounty in which the land is located and shall also join asparties defendant the trustee and beneficiaries shown by allrecorded deeds of trust, mortgages or vendors' liens, whichcreate a lien on the land involved in any such suit that may beinstituted and no other parties shall be necessary or required,except as herein provided.

2. On the same day that any such action shall be filed forand in behalf of any such district, its attorney, so filing suchaction, shall also file in the recorder's office of the countywhere such land is located, a written notice, verified by himshowing in tabulated form, the docket number of each of therespective suits that may be filed in the office of the clerk ofthe circuit court, the name of the plaintiff district, the namesof all defendants in each suit filed, a description of the landincluded in each suit, the years in which the delinquentassessments were levied and the amount then due on each parcel ofland described in said notice, when such suit was filed. Suchnotice shall be filed by the recorder and recorded by him in awell-bound book as other instruments are recorded in his office.The recorder shall be entitled to a fee of one dollar for filingand recording such notice, to be paid by district filing same.Such notice, when so filed, shall constitute due and propernotice to all parties, except those required to be made partiesdefendant as herein provided, then having or asserting, or whomay subsequently acquire or assert any right, title, claim orinterest in and to said land, of the filing of said suit toenforce the collection of said special assessments, irrespectiveof whether any such parties then hold unrecorded conveyancesaffecting the title to the land included in such suit, includingan assignment of any note secured by deed of trust, mortgage orvendors' lien on the said land, or whether they have acquired byconveyances some such right, title, claim and interest in and tosaid land, or an assignment of any note secured by deed of trust,mortgage or vendors' lien on said land, subsequent to the filingof said notice.

3. If anyone shall, at the time of filing such suit andnotice, hold an unrecorded instrument or conveyance affecting thetitle to the land included in such suit or if anyone shallacquire any such right, title, claim or interest in and to saidland so included in any such suit, after the filing of said suitand notice, or if anyone shall become the assignee of notessecured by deeds of trust, mortgages or vendors' liens on theland included in any such suit, each of them shall have the rightand it shall be their duty to intervene as parties defendant inany such suit so filed on or before the first day of the returnterm of the summons issued when said suit is filed, and makedefense to said suit, if they so desire. Upon their failure soto do, they shall be bound by any judgment that may be renderedby the court in any said suit just as though they had been joinedas defendants and served with process therein and their interest,if any, along with the interest of all named defendants in and tosaid land shall, if judgment be rendered for plaintiff, be soldon execution in the manner now provided by law and all the right,title, claim and interest of all parties in and to said land,shall pass to and be acquired by the purchaser of said land atthe execution sale based upon the judgment obtained in said suit,unless said delinquent assessments so sued for shall have beenpreviously paid.

(L. 1941 p. 351 § 1)