245.225. Suits and notices to be filed in recorder's office against last record owners. - Missouri Statutes

Suits and notices to be filed in recorder's office against lastrecord owners.

245.225. 1. Whenever any levee district organized andexisting under the provisions of what now appears as sections245.010 to 245.280 shall hereafter institute an action, in themanner now provided by law, to enforce the collection of unpaiddelinquent annual assessments levied by it, such district shallcause said action to be instituted against the last record owneror owners of the land against which the delinquent assessmentssued for were levied, as shown by the records in the recorder'soffice of the county in which the land is located and shall alsojoin as parties defendant the trustee and beneficiaries shown byall recorded 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 orvendor's 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 vendor's lien on said land, subsequent to the filingof said notice.

3. If any one 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 vendor's lien on the landincluded in any such suit, each of them shall have the right andit shall be their duty to intervene as parties defendant in anysuch suit so filed on or before the first day of the return termof the summons issued when said suit is filed, and make defenseto said suit, if they so desire. Upon their failure so to do,they shall be bound by any judgment that may be rendered by thecourt in any said suit just as though they had been joined asdefendants and served with process therein and their interest, ifany, 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 theright, title, claim and interest of all parties in and to saidland shall pass to and be acquired by the purchaser of said landat the execution sale based upon the judgment obtained in saidsuit, unless said delinquent assessments so sued for shall havebeen previously paid.

(L. 1941 p. 346 § 12547A)