☰ Revisor of Missouri


Chapter 92

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  *92.825.  Sale, how conducted — interest conveyed — costs, how advanced — eligibility to bid, requirements — purchase price, payable when, amount. — 1.  The sale shall be conducted, the sheriff's return thereof made, and the sheriff's deed pursuant to the sale executed, all as provided in the case of sales of real estate taken under execution except as otherwise provided in sections 92.700 to 92.920, and provided that such sale need not occur during the term of court or while the court is in session.

  2.  Such sale shall convey the whole interest of every person having or claiming any right, title or interest in or lien upon such real estate, whether such person has answered or not, subject to rights-of-way thereon of public utilities upon which tax has been otherwise paid, and subject only to the tax lien thereon, if any, of the United States of America.

  3.  The collector shall advance from current tax collections the sums necessary to pay for the publication of all advertisements required by the provisions of sections 92.700 to 92.920 and shall be allowed credit therefor in his accounts with the taxing authorities on a pro rata basis.  He shall give credit in such accounts for all such advances recovered by him.  Such expenses of publication shall be apportioned pro rata among and taxed as costs against the respective parcels of real estate described in the judgment; provided, however, that none of the costs herein enumerated, including the costs of publication, shall constitute any lien upon the real estate after such sale.

  4.  No person shall be eligible to bid at the time of the sheriff's sale unless such person has, no later than ten days before the sale date, demonstrated to the satisfaction of the collector or sheriff that the person is not the owner of any parcel of real estate in the city that is subject to delinquent property taxes, unpaid special tax bills, or vacant building fees.  A prospective bidder shall be prohibited from participating in the delinquent land tax sale if he or she has previously bid at a sheriff's sale and failed to pay bid amounts, confirm the sale, or sign a sheriff's deed.  The collector or sheriff may require prospective bidders to submit an affidavit attesting to the requirements of this section and is expressly authorized to permanently preclude any prospective bidder from participating in the sale for failure to comply with this section.  Notwithstanding the provisions of this section, any taxing authority or land reutilization authority shall be eligible to bid at any sale conducted under this section without making such a demonstration.  The purchaser at a sale conducted by the sheriff shall pay cash immediately at the end of bidding of each parcel on the day of the sale in an amount including all taxes then due and owing, which may be in an amount in excess of or less than the judgment amount, and other costs, exclusive of any amounts for debts owed to any statutorily created sewer district.


(L. 1971 H.B. 472 § 23, A.L. 1984 H.B. 1500, 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. 1662 language remains in effect.

(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., Case No. SC100045 (Mo.banc, Dec. 19, 2023).

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

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92.825 8/28/2022
92.825 8/28/1984 8/28/2022

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