92.760

Title VII CITIES, TOWNS AND VILLAGES

< > • Effective - 28 Aug 2022, 2 histories

*92.760. Notice of filing, how made, form of. — 1. The collector shall also cause to be prepared and mailed in an envelope with postage prepaid, within thirty days after the filing of such petition, a brief notice of the filing of the suit, to the persons named in the petition as having an interest in the parcel, according to the records of the assessor for, or otherwise known to the collector, the respective parcels of real estate described in the petition. The notices shall be sent to the addresses most likely to apprise the parties of the proceedings as provided, and in the event that any name or address does not appear on the records of the assessor, with respect to any parcel of real estate, the collector shall so state in an affidavit, giving the serial number of each parcel of real estate affected. Such affidavit shall be filed in the suit with the circuit clerk not later than sixty days after the date of the first publication of the notice of foreclosure. The failure of the collector to mail the notice as provided in this section shall invalidate any proceedings brought pursuant to the provisions of sections 92.700 to 92.920. The failure of the collector to file the affidavit as provided in this section shall not affect the validity of any proceedings brought pursuant to the provisions of sections 92.700 to 92.920.

2. Such notice shall be substantially as follows:

To the person to whom this notice is addressed:
According to available records, you have a legal interest in one or more parcels of real estate described in a certain petition bearing cause No. ______ (fill in number of case) filed in the Circuit Court of ______, Missouri, at ______ (fill in city), on ______, 20______, wherein a foreclosure of the lien of various delinquent tax bills is sought and a court order asked for the purpose of selling such real estate at a public sale for payment of all delinquent tax bills, together with interest, penalties, attorney's fees and costs. Publication of notice of such foreclosure was commenced on the ______ day of ______, 20______, in ______ (here insert name of city), Missouri.
THE COLLECTOR OF THE CITY OF ______ (Insert name of city) HAS FILED A LAWSUIT AGAINST YOUR PROPERTY. THE LAWSUIT SAYS THAT YOU ARE BEHIND ON YOUR PROPERTY TAXES. YOU COULD LOSE YOUR PROPERTY IF YOU DON'T DO ANYTHING ABOUT THIS.
YOU HAVE A RIGHT TO ENTER INTO AN AGREEMENT WITH THE COLLECTOR TO BRING YOUR TAXES UP TO DATE. YOU MAY CONTACT THE COLLECTOR BY CALLING ______ (Insert telephone number of collector). IF YOU DO NOT UNDERSTAND THIS NOTICE, OR YOU DO NOT KNOW WHAT TO DO, YOU MAY CALL THIS OFFICE FOR FURTHER EXPLANATION OR SEE A LAWYER RIGHT AWAY.
Unless all delinquent taxes be paid upon the parcels of real estate described in such petition and such real estate redeemed prior to the time of the foreclosure sale of such real estate by the sheriff, the owner or any person claiming any right, title or interest in or to, or lien upon, any such parcels of real estate shall be forever barred and foreclosed of all right, title and interest and equity of redemption in and to such parcels of real estate; except that any such persons shall have the right to file an answer in said suit on or before the ______ day of ______, 20______, in the office of the Circuit Clerk and a copy thereof to the Collector, setting forth in detail the nature and amount of the interest and any defense or objection to the foreclosure. Dated ______
	__________________
	Collector of Revenue
	______, Missouri
	(Name of City)
	Address ______

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(L. 1971 H.B. 472 §§ 13, 14, A.L. 1989 H.B. 342, A.L. 2022 H.B. 1606 merged with H.B. 1662)

*Revisor's Note: This section was amended by both H.B. 1606 and H.B. 1662, 2022. In 2023, H.B. 1606 was declared unconstitutional (see annotation below). The H.B. 1606 differences in language have been removed. The H.B. 1662 language remains in effect.

(1979) Notice of foreclosure authorized by municipal land reutilization law through publication and a letter to last known property owner of record is not violative of due process. Collector of Revenue of the City of St. Louis v. Parcels of Land Encumbered, with Delinquent Tax Liens. (Mo.), 585 S.W.2d 486.

(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).

---- end of effective 28 Aug 2022 ----

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	Effective	End
92.760	8/28/2022
92.760	8/28/1989	8/28/2022



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