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Missouri General Assembly· SB 973Signed by Governor

Creates and modifies provisions relating to real estate transactions, the official text

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SECOND REGULAR SESSION
            [TRULY AGREED TO AND FINALLY PASSED]
           CONFERENCE COMMITTEE SUBSTITUTE FOR

               HOUSE COMMITTEE SUBSTITUTE FOR
                        SENATE SUBSTITUTE FOR

               SENATE COMMITTEE SUBSTITUTE FOR

           SENATE BILL NO. 973

           103RD GENERAL ASSEMBLY
                            2026

4981S.06T

           AN ACT

To repeal sections 140.010, 140.190, 140.250, 140.420, 140.980, 140.981, 140.982, 140.983,
             140.984, 140.985, 140.986, 140.987, 140.988, 140.991, 140.994, 140.995, 140.1000,
             140.1009, 140.1012, 141.220, 141.230, 141.250, 141.270, 141.290, 141.300, 141.320,
             141.330, 141.360, 141.410, 141.440, 141.500, 141.520, 141.535, 141.540, 141.550,
             141.560, 141.570, 141.580, 141.610, 141.620, 141.680, 141.700, 141.819, 141.980,
             141.984, 141.1009, 141.1020, and 249.255, RSMo, and to enact in lieu thereof fifty-
             one new sections relating to real estate transactions, with penalty provisions.

Be it enacted by the General Assembly of the State of Missouri, as follows:

1          Section A. Sections 140.010, 140.190, 140.250, 140.420,

2 140.980, 140.981, 140.982, 140.983, 140.984, 140.985, 140.986,

3 140.987, 140.988, 140.991, 140.994, 140.995, 140.1000,

4 140.1009, 140.1012, 141.220, 141.230, 141.250, 141.270,

5 141.290, 141.300, 141.320, 141.330, 141.360, 141.410, 141.440,

6 141.500, 141.520, 141.535, 141.540, 141.550, 141.560, 141.570,

7 141.580, 141.610, 141.620, 141.680, 141.700, 141.819, 141.980,

8 141.984, 141.1009, 141.1020, and 249.255, RSMo, are repealed

9 and fifty-one new sections enacted in lieu thereof, to be known

10 as sections 140.010, 140.190, 140.250, 140.420, 140.980,

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
    CCS HCS SS SCS SB 973  2

11 140.981, 140.982, 140.983, 140.984, 140.985, 140.986, 140.987,

12 140.988, 140.991, 140.994, 140.995, 140.1000, 140.1009,

13 140.1012, 141.220, 141.230, 141.250, 141.270, 141.290, 141.300,

14 141.320, 141.330, 141.360, 141.410, 141.440, 141.500, 141.520,

15 141.535, 141.540, 141.550, 141.560, 141.570, 141.580, 141.610,

16 141.620, 141.680, 141.700, 141.819, 141.980, 141.984, 141.1009,

17 141.1020, 249.255, 407.3600, 442.920, and 1, to read as follows:

1   140.010. 1. All real estate upon which the taxes

2 remain unpaid on the first day of January, annually, are

3 delinquent, and the county collector shall enforce the lien

4 of the state thereon, as required by this chapter. Any

5 failure to properly return the delinquent list, as required

6 by this chapter, in no way affects the validity of the

7 assessment and levy of taxes, nor of the foreclosure and

8 sale by which the collection of the taxes is enforced, nor

9 in any manner affects the lien of the state on the

10 delinquent real estate for the taxes unpaid thereon.

11  2. Alternatively, any county may, by adoption of a

12 resolution or order of the county commission of such county,

13 elect to operate under the provisions of sections 141.210 to

14 141.810 for any parcel [for which there is an unpaid tax

15 bill for a period of at least two years after the date on

16 which it became delinquent]. Any county electing to operate

17 as such shall be called a "partial opt-in county". No

18 county eligible to establish a land bank agency under

19 subsection 1 of section 140.981 shall elect to operate as a

20 partial opt-in county unless the county first elects to

21 establish a land bank agency as provided in subsection 1 of

22 section 140.981. In accordance with section 141.290, after

23 the adoption of such resolution or order by a county

24 commission, the collector of the county shall decide which

25 tax delinquent parcels shall proceed according to the
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26 provisions of sections 141.210 to 141.810. Such parcels

27 shall be exempt from the provisions of sections 140.030 to

28 140.722. The collector shall remove such parcels from any

29 list of parcels advertised for first, second, third, or post-

30 third sales.

1   140.190. 1. On the day mentioned in the notice, the

2 county collector shall commence the sale of such lands, and

3 shall continue the same from day to day until each parcel

4 assessed or belonging to each person assessed shall be sold

5 as will pay the taxes, interest, and charges thereon, or

6 chargeable to such person in said county.

7   2. (1) The person or land bank agency offering at

8 said sale to pay the required sum for a tract shall be

9 considered the purchaser of such land; provided, no sale

10 shall be made to any person or designated agent who:

11  (a) Is currently delinquent on any tax payments on any

12 property, other than a delinquency on the property being

13 offered for sale, and who does not sign an affidavit stating

14 such at the time of sale. Failure to sign such affidavit as

15 well as signing a false affidavit may invalidate such sale;

16  (b) Is a member of the governing body of a land bank

17 agency;

18  (c) Is an employee of a land bank agency;

19  (d) Is an elected or appointed official of the

20 governing body, or an employee of such official, of the

21 political subdivision in which a land bank agency is

22 located; or

23  (e) Is related within the second degree of

24 consanguinity to a person described in paragraphs (b) to (d)

25 of this subdivision.

26  (2) No bid shall be received from any person not a

27 resident of the state of Missouri or a foreign corporation
    CCS HCS SS SCS SB 973      4

28 or entity all deemed nonresidents. A nonresident shall file

29 with said collector an agreement in writing consenting to

30 the jurisdiction of the circuit court of the county in which

31 such sale shall be made, and also filing with such collector

32 an appointment of some citizen of said county as agent of

33 said nonresident, and consenting that service of process on

34 such agent shall give such court jurisdiction to try and

35 determine any suit growing out of or connected with such

36 sale for taxes. After the delinquent auction sale, any

37 certificate of purchase shall be issued to the agent. After

38 meeting the requirements of section 140.405, the property

39 shall be conveyed to the agent on behalf of the nonresident,

40 and the agent shall thereafter convey the property to the

41 nonresident. A collector may preclude a prospective bidder

42 from participating in a sale for failure to comply with any

43 of the provisions of this section.

44  3. All such written consents to jurisdiction and

45 selective appointments shall be preserved by the county

46 collector and shall be binding upon any person or

47 corporation claiming under the person consenting to

48 jurisdiction and making the appointment herein referred to;

49 provided further, that in the event of the death, disability

50 or refusal to act of the person appointed as agent of said

51 nonresident the county clerk shall become the appointee as

52 agent of said nonresident.

53  4. No person residing in any home rule city with more

54 than seventy-one thousand but fewer than seventy-nine

55 thousand inhabitants shall be eligible to offer to purchase

56 lands under this section unless such person has, no later

57 than ten days before the sale date, demonstrated to the

58 satisfaction of the official charged by law with conducting

59 the sale that the person is not the owner of any parcel of
    CCS HCS SS SCS SB 973  5

60 real property that has two or more violations of the

61 municipality's building or housing codes. A prospective

62 bidder may make such a demonstration by presenting

63 statements from the appropriate collection and code

64 enforcement officials of the municipality. This subsection

65 shall not apply to any taxing authority or land bank agency,

66 and entities shall be eligible to bid at any sale conducted

67 under this section without making such a demonstration.

1   140.250. 1. Whenever any lands have been or shall

2 hereafter be offered for sale for delinquent taxes,

3 interest, penalty, and costs by the collector of the proper

4 county for any two successive years and no person shall have

5 bid therefor a sum equal to the delinquent taxes thereon,

6 interest, penalty and costs provided by law, then such

7 county collector shall at the next regular tax sale of lands

8 for delinquent taxes sell same to the highest bidder, except

9 the highest bid shall not be less than the sum equal to the

10 delinquent taxes, interest, penalties, and costs, and there

11 shall be a ninety-day period of redemption from such sales

12 as specified in section 140.405.

13  2. A certificate of purchase shall be issued as to

14 such sales, and the purchaser at such sales shall be

15 entitled to the issuance and delivery of a collector's deed

16 upon completion of title search action as specified in

17 section 140.405.

18  3. If any lands or lots are not sold at such third

19 offering, then the collector shall advertise or offer such

20 lands or lots for sale once every thirty days.

21  4. A purchaser at any sale subsequent to the third

22 offering of any land or lots, whether by the collector or a

23 trustee as provided in section 140.260, shall be entitled to

24 the immediate issuance and delivery of a collector's deed
    CCS HCS SS SCS SB 973  6

25 and there shall be no period of redemption from such post-

26 third year sales; provided, however, before any purchaser at

27 a sale to which this section is applicable shall be entitled

28 to a collector's deed it shall be the duty of the collector

29 to demand, and the purchaser to pay, in addition to the

30 purchaser's bid, all taxes due and unpaid on such lands or

31 lots that become due and payable on such lands or lots

32 subsequent to the date of the taxes included in such

33 advertisement and sale. The collector's deed or trustee's

34 deed shall have priority over all other liens or

35 encumbrances on the property sold except for real property

36 taxes.

37  5. A purchaser at any sale subsequent to the third

38 offering of any land or lots, whether by the collector or a

39 trustee as provided in section 140.260, may elect to proceed

40 under subsection 1 of this section and subsection 6 of

41 section 140.405 by giving notice to the collector prior to

42 the issuance of a collector's deed.

43  6. In the event the real purchaser at any sale to

44 which this section is applicable shall be the owner of the

45 lands or lots purchased, or shall be obligated to pay the

46 taxes for the nonpayment of which such lands or lots were

47 sold, then no collector's deed shall be issued to such

48 purchaser, or to anyone acting for or on behalf of such

49 purchaser, without payment to the collector of such

50 additional amount as will discharge in full all delinquent

51 taxes, penalty, interest and costs.

1   140.420. If no person shall redeem the lands sold for

2 taxes prior to the expiration of the right to redeem, at the

3 expiration thereof, and on production of the certificate of

4 purchase and upon proof satisfactory to the collector that a
    CCS HCS SS SCS SB 973  7

5 purchaser or the purchaser's heirs, successors, or assigns

6 are authorized to acquire the deed:

7   (1) The collector of the county in which the sale of

8 such lands took place shall execute to the purchaser or the

9 purchaser's heirs or assigns, in the name of the state, a

10 conveyance of the real estate so sold, which shall vest in

11 the grantee an absolute estate in fee simple, subject,

12 however, to all claims thereon for unpaid taxes except such

13 unpaid taxes, existing at time of the purchase of said lands

14 and the lien for which taxes was inferior to the lien for

15 taxes for which said tract or lot of land was sold; and

16  (2) The state of Missouri or any person, taxing

17 authority, tax district, judgment creditor, or lienholder

18 that had a right, title, interest, claim, or equity of

19 redemption on or to the lands or that had a lien upon the

20 lands shall be barred and forever foreclosed of such

21 unclaimed right, title, interest, claim, or equity of

22 redemption in or to the lands and of any lien upon the lands.

1   140.980. 1. Sections 140.980 to 140.1015 shall be

2 known [and may be cited] as the "Chapter 140 Land Bank Act".

3   2. As used in sections 140.980 to 140.1015, the

4 following terms mean:

5   (1) "Land bank agency", an agency established by a

6 county or municipality under the authority of section

7 140.981;

8   (2) "Land taxes", taxes on real property or real

9 estate, including the taxes both on the land and the

10 improvements thereon;

11  (3) "Municipality", any incorporated city, town, or

12 village in this state;

13  (4) "Political subdivision", any county, city, town,

14 village, school district, library district, or any other
    CCS HCS SS SCS SB 973  8

15 public subdivision or public corporation that has the power

16 to tax;

17  (5) "Reserve period taxes", land taxes assessed

18 against any parcel of real estate sold or otherwise disposed

19 of by a land bank agency for the first three tax years

20 following such sale or disposition;

21  (6) "Tax bill", real estate taxes and the lien

22 thereof, whether general or special, levied and assessed by

23 any taxing authority;

24  (7) "Taxing authority", any governmental, managing,

25 administering, or other lawful authority, now or hereafter

26 empowered by law to issue tax bills.

1   140.981. 1. Any county with more than one million

2 inhabitants may establish a land bank agency for the

3 management, sale, transfer, and other disposition of

4 interests in real estate owned by such land bank agency.

5 Any such county may establish a land bank agency by

6 ordinance, resolution, or rule, as applicable. Such

7 ordinance, resolution, or rule shall specify the name of the

8 land bank agency. No county in which a land bank agency has

9 been established under the provisions of sections 141.980 to

10 141.1015 shall elect to establish a land bank agency under

11 this section.

12  2. Any municipality with more than one thousand five

13 hundred inhabitants not located within a county with more

14 than one million inhabitants may establish a land bank

15 agency for the management, sale, transfer, and other

16 disposition of interests in real estate owned by such land

17 bank agency. A municipality may establish a land bank

18 agency by ordinance, resolution, or rule, as applicable.
    CCS HCS SS SCS SB 973      9

19  3. A land bank agency shall not own any interest in

20 real estate located wholly or partially outside the [city]

21 municipality or county that established the land bank.

22  4. A land bank agency shall be established for the

23 purpose of returning land, including land that is in a non-

24 revenue-generating, non-tax-producing status, to use in

25 private ownership, or for public use.

26  5. A land bank agency created under the chapter 140

27 land bank act shall be a public body corporate and politic

28 and shall have permanent and perpetual duration until

29 terminated and dissolved in accordance with the provisions

30 of section 140.1012.

1   140.982. 1. If a county establishes a land bank

2 agency under subsection 1 of section 140.981, the members of

3 the first board of directors of a land bank agency shall be

4 appointed within ninety days after the effective date of the

5 ordinance, resolution, or rule passed establishing such land

6 bank agency. [If any appointing authority fails to make any

7 appointment of a board member within the time the first

8 appointments are required, the appointment shall be made by

9 the county council. The following requirements shall apply

10 to the board of directors:

11  (1) The board of directors shall consist of seven

12 members:

13  (a) Two of whom shall be appointed by the county

14 executive, one of whom shall have professional expertise

15 relevant to the land bank agency;

16  (b) One of whom shall be appointed by the member of

17 the county council representing the district with the

18 highest number of tax delinquent parcels. Such board member

19 shall maintain a primary residence within such district;
    CCS HCS SS SCS SB 973      10

20  (c) One of whom shall be appointed by the member of

21 the county council representing the district with the second

22 highest number of tax delinquent parcels. Such board member

23 shall maintain a primary residence within such district;

24  (d) One of whom shall be appointed by consensus of the

25 county executive and the president of the municipal league

26 of the county; and

27  (e) Two of whom shall be resident representatives.

28 Resident representatives shall be appointed by a majority

29 vote of the other board members, and each resident

30 representative shall maintain a primary residence within one

31 of the twenty municipalities containing the highest

32 percentage of tax delinquent parcels;] The county council

33 may, as part of such ordinance, resolution, or rule, provide

34 for the qualifications for members of the board of

35 directors. The board of directors of the land bank agency

36 shall consist of seven members appointed by the county

37 executive pursuant to the authority vested in that office by

38 the county charter. The following requirements shall apply

39 to the board of directors:

40  [(2)] (1) The term of office of a member shall be four

41 years. Each member's primary residence shall be in the

42 county that has established the land bank agency. Each

43 member serves at the pleasure of the member's appointing

44 authority, may be an employee of the appointing authority,

45 and shall serve without compensation;

46  [(3)] (2) No public officer shall be eligible to serve

47 as a board member. For purposes of this subdivision,

48 "public officer" means a person who is holding an elected

49 public office. Any public employee shall be eligible to

50 serve as a board member;
    CCS HCS SS SCS SB 973  11

51  [(4)] (3) The members of the board shall select

52 annually from among themselves a chair, a vice chair, a

53 treasurer, and such other officers as the board may

54 determine and shall establish the officers' duties, as may

55 be regulated by rules adopted by the board;

56  [(5)] (4) The board shall establish rules and

57 requirements relative to the attendance and participation of

58 members in its meetings, regular or special. Such rules and

59 regulations may prescribe a procedure whereby, if any member

60 fails to comply with such rules and regulations, such member

61 may be disqualified and removed automatically from office by

62 no less than a majority vote of the remaining members of the

63 board, and that member's position shall be vacant as of the

64 first day of the next calendar month. Any person removed

65 under the provisions of this subdivision shall be ineligible

66 for reappointment to the board unless such reappointment is

67 confirmed unanimously by the board;

68  [(6)] (5) A vacancy on the board shall be filled in

69 the same manner as the original appointment[. If any

70 appointing authority fails to make any appointment of a

71 board member within sixty days after any term expires, the

72 appointment shall be made by the county council] within

73 sixty days and shall be done in compliance with the county

74 charter;

75  [(7)] (6) Board members shall serve without

76 compensation. The board may reimburse any member for

77 expenses actually incurred in the performance of duties on

78 behalf of the land bank agency;

79  [(8)] (7) The board shall have the power to organize

80 and reorganize the executive, administrative, clerical, and

81 other departments of the land bank agency and to fix the
     CCS HCS SS SCS SB 973  12

82 duties, powers, and compensation of all employees, agents,

83 and consultants of the land bank agency;

84   [(9)] (8) The board shall meet in regular session

85 according to a schedule adopted by the board and also shall

86 meet in special session as convened by the chair or upon

87 written notice signed by a majority of the members. The

88 presence of a majority of total membership, excluding

89 vacancies, shall constitute a quorum;

90   [(10)] (9) All actions of the board shall be approved

91 by the affirmative vote of a majority of the members of that

92 board present and voting. However, no action of the board

93 shall be authorized on the following matters unless approved

94 by a majority of the total board membership:

95   (a) Adoption, amendment, or repeal of bylaws and other

96 rules and regulations for conduct of the land bank agency's

97 business;

98   (b) Hiring or firing of any employee or contractor of

99 the land bank agency. This function may, by majority vote,

100 be delegated by the board to a specified officer or

101 committee of the land bank agency under such terms and

102 conditions and to the extent that the board may specify;

103  (c) Adoption or amendment of the annual budget; and

104  (d) Sale, encumbrance, or alienation of real property,

105 improvements, or personal property;

106  [(11)] (10) The governing body of the county

107 establishing a land bank agency may incur debt, including,

108 without limitation, borrowing moneys and issuing bonds,

109 notes, or other obligations to provide funding for the land

110 bank agency;

111  [(12)] (11) Members of a board shall not be liable

112 personally on the bonds or other obligations of the land
     CCS HCS SS SCS SB 973     13

113 bank agency, and the rights of creditors shall be solely

114 against such land bank agency; and

115  [(13)] (12) Vote by proxy shall not be permitted. Any

116 member may request a recorded vote on any resolution or

117 action of the land bank agency.

118  2. If a municipality establishes a land bank agency

119 under subsection 1 of section 140.981, the ordinance,

120 resolution, or rule, as applicable, may specify the

121 following:

122  (1) The name of the land bank agency;

123  (2) The number of members of the board of directors,

124 which shall consist of an odd number of members and shall be

125 no fewer than five members nor more than eleven members;

126  (3) The initial individuals to serve as members of the

127 board of directors and the length of terms for which the

128 members are to serve; and

129  (4) The qualifications, manner of selection or

130 appointment, and terms of office of members of the board.

131  3. A land bank agency may employ a secretary, an

132 executive director, its own counsel and legal staff,

133 technical experts, and other agents and employees, permanent

134 or temporary, as it may require and may determine the

135 qualifications and fix the compensation and benefits of such

136 persons. A land bank agency may also enter into contracts

137 and agreements with political subdivisions for staffing

138 services to be provided to the land bank agency by political

139 subdivisions or agencies or departments thereof, or for a

140 land bank agency to provide such staffing services to

141 political subdivisions or agencies or departments thereof.

1    140.983. A land bank agency established under the

2 chapter 140 land bank act shall have all powers necessary or

3 appropriate to carry out and effectuate the purposes and
    CCS HCS SS SCS SB 973   14

4 provisions of the chapter 140 land bank act, including the

5 following powers in addition to those herein otherwise

6 granted:

7   (1) To adopt, amend, and repeal bylaws for the

8 regulation of its affairs and the conduct of its business;

9   (2) To sue and be sued, in its own name, and plead and

10 be impleaded in all civil actions including, but not limited

11 to, actions to clear title to property of the land bank

12 agency;

13  (3) To adopt a seal and to alter the same at pleasure;

14  (4) To borrow from the political subdivision

15 establishing the land bank agency, as may be necessary for

16 the operation and work of the land bank agency;

17  (5) To procure insurance or guarantees from political

18 subdivisions, the state, the federal government, or any

19 other public or private sources of the payment of any bond,

20 note, loan, or other obligation, or portion thereof,

21 incurred by the land bank agency and to pay any fees or

22 premiums in connection therewith;

23  (6) To enter into contracts and other instruments

24 necessary, incidental, or convenient to the performance of

25 its duties and the exercise of its powers including, but not

26 limited to, agreements with other land bank agencies and

27 with political subdivisions for the joint exercise of powers

28 under this chapter;

29  (7) To enter into contracts and other instruments

30 necessary, incidental, or convenient to:

31  (a) The performance of functions by the land bank

32 agency on behalf of political subdivisions, or agencies or

33 departments thereof; or
    CCS HCS SS SCS SB 973  15

34  (b) The performance by political subdivisions, or

35 agencies or departments thereof, of functions on behalf of

36 the land bank agency;

37  (8) To make and execute contracts and other

38 instruments necessary or convenient to the exercise of the

39 powers of the land bank agency;

40  (9) To procure insurance against losses in connection

41 with the property, assets, or activities of the land bank

42 agency;

43  (10) To invest the [moneys] money of the land bank

44 agency in the same manner as moneys are invested by the

45 state treasurer, including amounts deposited in reserve or

46 sinking funds, at the discretion of the land bank agency in

47 obligations or property determined proper by the land bank

48 agency and to name and use depositories for its moneys;

49  (11) To enter into contracts for the management of or

50 the sale of the property of the land bank agency;

51  (12) To design, develop for public use, construct,

52 demolish, reconstruct, rehabilitate, renovate, relocate,

53 equip, furnish, and otherwise improve real property or

54 rights or interests in real property held by the land bank

55 agency;

56  (13) To acquire property, whether by purchase,

57 exchange, gift, lease, or otherwise, except not property not

58 wholly located in the county or municipality that

59 established the land bank agency; to grant or acquire

60 licenses and easements; and to sell, grant an option with

61 respect to, or otherwise dispose of, any property of the

62 land bank agency;

63  (14) To enter into partnerships, joint ventures, and

64 other collaborative relationships with political

65 subdivisions and other public and private entities for the
    CCS HCS SS SCS SB 973  16

66 management, development, and disposition of real property,

67 except not for property not wholly located in the county or

68 municipality that established the land bank agency; and

69  (15) Subject to the other provisions of this chapter

70 and all other applicable laws, to do all other things

71 necessary or convenient to achieve the objectives and

72 purposes of the land bank agency or other laws that relate

73 to the purposes and responsibility of the land bank agency.

1   140.984. 1. The income of a land bank agency shall be

2 exempt from all taxation by the state and by any of its

3 political subdivisions. Upon acquiring title to any real

4 estate, a land bank agency shall immediately notify the

5 county assessor and the county collector of such ownership;

6 all taxes, special taxes, fines, and fees on such real

7 estate shall be deemed satisfied by transfer to the land

8 bank agency; and such property shall be exempt from all

9 taxation during the land bank agency's ownership thereof, in

10 the same manner and to the same extent as any other publicly

11 owned real estate. Upon the sale or other disposition of

12 any real estate held by it, the land bank agency shall

13 immediately notify the county assessor and the county

14 collector of such change of ownership. However, that such

15 tax exemption for improved and occupied real property held

16 by the land bank agency as a lessor pursuant to a ground

17 lease shall terminate upon the first occupancy[, and]. The

18 land bank agency shall immediately notify the county

19 assessor and the county collector of such occupancy.

20  2. A land bank agency may acquire real property by

21 gift, devise, transfer, exchange, foreclosure, purchase, or

22 pursuant to sections 141.560 to 141.580 or section 141.819,

23 except a land bank agency shall not acquire property located
    CCS HCS SS SCS SB 973  17

24 partially or wholly outside the boundaries of the county or

25 municipality that established such land bank agency.

26  3. A land bank agency may acquire property by purchase

27 contracts, lease purchase agreements, installment sales

28 contracts, and land contracts and may accept transfers from

29 political subdivisions upon such terms and conditions as

30 agreed to by the land bank agency and the political

31 subdivision. A land bank agency may bid on any parcel of

32 real estate offered for sale, offered at a foreclosure sale

33 under sections 140.220 to 140.250, offered at a sale

34 conducted under section 140.190, 140.240, or 140.250, or

35 offered at a foreclosure sale under section 141.550.

36 Notwithstanding any other law to the contrary, any political

37 subdivision may transfer to the land bank agency real

38 property and interests in real property of the political

39 subdivision on such terms and conditions and according to

40 such procedures as determined by the political subdivision.

41  4. A land bank agency shall maintain all of its real

42 property in accordance with the laws and ordinances of the

43 jurisdictions in which the real property is located.

44  5. Upon issuance of a deed to a parcel of real estate

45 to a land bank agency under subsection 4 of section 140.250,

46 subsection 5 of section 140.405, other sale conducted under

47 section 140.190, 140.240, or 140.250, or section 141.550,

48 the land bank agency shall pay only the amount of the land

49 bank agency's bid that exceeds the amount of all tax bills

50 included in the judgment, interest, penalties, attorney's

51 fees, taxes, and costs then due thereon. If the real estate

52 is acquired in a delinquent land tax auction under

53 subsection 4 of section 140.250, subsection 5 of section

54 140.405, or other sale conducted under section 140.190,

55 140.240, or 140.250, such excess shall be applied and
    CCS HCS SS SCS SB 973  18

56 distributed in accordance with section 140.230. If the real

57 estate is acquired in a delinquent land tax auction under

58 section 141.550, such excess shall be applied and

59 distributed in accordance with subsections 3 and 4 of

60 section 141.580, exclusive of subdivision (3) of subsection

61 3 of section 141.580. Upon issuance of a deed, the county

62 collector shall mark the tax bills included in the judgment

63 as "cancelled by sale to the land bank" and shall take

64 credit for the full amount of such tax bills, including

65 principal amount, interest, penalties, attorney's fees, and

66 costs, on the county collector's books and in the county

67 collector's statements with any other taxing authorities.

68  6. A land bank shall not own real property unless the

69 property is wholly located within the boundaries of the

70 county or municipality that established the land bank agency.

71  7. Within one year of the effective date of the

72 ordinance, resolution, or rule passed establishing a

73 municipal land bank agency under subsection 2 of section

74 140.981, the title to any real property that is located

75 wholly within the municipality that created the land bank

76 agency and that is held by a land trust created under

77 subsection 1 of section 141.819 shall be transferred by deed

78 from the land trust to such land bank agency, at the land

79 bank agency's request.

1   140.985. 1. A land bank agency shall hold in its own

2 name all real property acquired by such land bank agency,

3 irrespective of the identity of the transferor of such

4 property.

5   2. A land bank agency shall maintain and make

6 available for public review and inspection an inventory and

7 history of all real property the land bank agency holds or

8 formerly held. This inventory and history shall be
    CCS HCS SS SCS SB 973    19

9 available on the land bank agency's website and include at a

10 minimum:

11  (1) Whether a parcel is available for sale;

12  (2) The address of the parcel if an address has been

13 assigned;

14  (3) The parcel number if no address has been assigned;

15  (4) The month and year that a parcel entered the land

16 bank agency's inventory;

17  (5) Whether a parcel has sold;

18  (6) If a parcel has sold, the name of the person or

19 entity to which it was sold; and

20  (7) Whether the parcel was acquired by the land bank

21 agency through judicial foreclosure, nonjudicial

22 foreclosure, donation, or some other manner.

23  3. The land bank agency shall determine and set forth

24 in policies and procedures the general terms and conditions

25 for consideration to be received by the land bank agency for

26 the transfer of real property and interests in real

27 property. Consideration may take the form of monetary

28 payments and secured financial obligations, covenants, and

29 conditions related to the present and future use of the

30 property; contractual commitments of the transferee; and

31 such other forms of consideration as the land bank agency

32 determines to be in the best interest of the land bank

33 agency.

34  4. A land bank agency may convey, exchange, sell,

35 transfer, grant, release and demise, pledge, and hypothecate

36 any and all interests in, upon, or to property of the land

37 bank agency. A land bank agency may gift any interest in,

38 upon, or to property to the county or municipality that

39 established the land bank agency.
    CCS HCS SS SCS SB 973  20

40  5. A county or municipality may, in its resolution,

41 ordinance, or rule creating a land bank agency, establish a

42 hierarchical ranking of priorities for the use of real

43 property conveyed by such land bank agency, including, but

44 not limited to:

45  (1) Use for purely public spaces and places;

46  (2) Use as wildlife conservation areas;

47  (3) Use as a green field area; and

48  (4) To return to private use.

49 If a county or municipality, in its resolution, ordinance,

50 or rule creating a land bank agency, establishes priorities

51 for the use of real property conveyed by the land bank

52 agency, such priorities shall be consistent with and no more

53 restrictive than municipal planning and zoning ordinances.

54  6. The land bank agency may delegate to officers and

55 employees the authority to enter into and execute

56 agreements, instruments of conveyance, and all other related

57 documents pertaining to the conveyance of property by the

58 land bank agency.

59  7. Any property sold by a land bank agency that was

60 acquired through purchase, transfer, exchange, or gift shall

61 be sold.

62  8. When any parcel of real estate acquired by a land

63 bank agency is sold or otherwise disposed of by such land

64 bank agency, the proceeds therefrom shall be applied and

65 distributed in the following order:

66  (1) To the payment of the expenses of the sale;

67  (2) To fulfill the requirements of the resolution,

68 indenture, or other financing documents adopted or entered

69 into in connection with bonds, notes, or other obligations

70 of the land bank agency, to the extent that such
    CCS HCS SS SCS SB 973  21

71 requirements may apply with respect to such parcel of real

72 estate;

73  (3) To the land bank agency to pay the salaries and

74 other expenses of such land bank agency and of its employees

75 as provided for in its annual budget; and

76  (4) Any funds in excess of those necessary to meet the

77 expenses of the annual budget of the land bank agency in any

78 fiscal year and a reasonable sum to carry over into the next

79 fiscal year to assure that sufficient funds will be

80 available to meet initial expenses for that next fiscal year

81 shall be paid to the respective taxing authorities that, at

82 the time of the distribution, are taxing the real property

83 from which the proceeds are being distributed. The

84 distributions shall be in proportion to the amounts of the

85 taxes levied on the properties by the taxing authorities.

86 Distribution shall be made on January first and July first

87 of each year, and at such other times as the land bank

88 agency may determine.

1   140.986. 1. No later than five years from the date it

2 acquired the property, a land bank agency shall either sell,

3 put to a productive use, or show significant progress

4 towards selling or putting the property to a productive use

5 [a parcel of real property]. A productive use may be

6 demolishing all structures of the property or using the

7 property for a community garden, park, or other open public

8 space. No later than eight years from the date it acquired

9 the property, a land bank agency shall sell, clear, or put

10 such property to public use.

11  2. The governing body of the county or municipality

12 may grant the land bank agency a one-year extension if the

13 body determines by a majority vote that unforeseen
    CCS HCS SS SCS SB 973  22

14 circumstances have delayed the sale or productive use of a

15 parcel of property.

16  3. If a land bank agency owns a parcel of real

17 property that does not have a productive use after five

18 years, or does not receive an extension under subsection 2

19 of this section, the property shall be offered for public

20 sale using the procedures under sections 140.170 to 140.190.

1   140.987. 1. A land bank agency shall require that any

2 buyer demonstrate that the buyer is not the owner of any

3 parcel of real estate within the county or municipality that

4 created the land bank agency for which a tax bill has been

5 delinquent for more than one year or is in violation of any

6 municipal building or housing code[, and is not the original

7 owner or relative of such owner within the second degree of

8 consanguinity of the parcel sold, transferred, exchanged, or

9 gifted to the land bank agency].

10  2. No foreign or domestic corporation or limited

11 liability company that has failed to appoint or maintain a

12 registered agent under chapter 347 or 351 shall be eligible

13 to buy property from the land bank agency. No foreign

14 corporate entity shall be eligible to buy property from the

15 land bank agency unless it has a certificate of authority to

16 transact business in Missouri under section 351.572.

17  3. As a condition of the sale or other authorized

18 conveyance of ownership of any parcel of land owned by the

19 land bank agency to a private owner, such owner may be

20 required to enter into a contract, which may be secured by a

21 deed of trust in favor of the land bank agency, stipulating

22 that such owner or the owner's successor agrees that such

23 owner or the owner's successor make certain improvements to

24 the parcel. If the land bank agency finds by resolution

25 that the terms of the contract have not been satisfied, the
    CCS HCS SS SCS SB 973      23

26 land bank agency shall be authorized to bring suit to

27 recover damages for the breach and to seek a judicial

28 foreclosure of the parcel under sections 443.190 to 443.260,

29 except that upon final judgment of the court, title shall

30 revert to the land bank agency without necessity of sale.

31 As an alternative to, or in addition to, seeking a judicial

32 foreclosure, the land bank agency may, only by gift, assign

33 or convey its right to foreclose under sections 443.190 to

34 443.260 to any 501(c)(3) tax-exempt nonprofit organization

35 or exercise the right of reentry under chapter 524, 527, or

36 534. The land bank agency or its assignee shall assume

37 title to the land by filing a copy of the judgment with the

38 recorder of deeds in the county where the property is

39 located. Any property redeemed by the land bank agency

40 under the provisions of this section shall be administered

41 in the same manner as other property sold to the land bank

42 agency.

1   140.988. 1. (1) A land bank agency may receive

2 funding through grants and gifts from political

3 subdivisions, the state, the federal government, and other

4 public and private sources.

5   (2) A land bank agency may receive funding through

6 gifts from any source, provided that the land bank agency

7 shall not sell or otherwise transfer by any means any real

8 property held by the land bank agency to the entity from

9 which the land bank agency received a gift [pursuant to this

10 subdivision].

11  2. Except as otherwise provided in subsection 7 of

12 section 140.985, a land bank agency may receive and retain

13 payments for services rendered, for consideration for

14 disposition of real and personal property, for proceeds of

15 insurance coverage for losses incurred, for income from
    CCS HCS SS SCS SB 973       24

16 investments, and for any other asset and activity lawfully

17 permitted to a land bank agency under the chapter 140 land

18 bank act.

19  3. If a land bank agency sells or otherwise disposes

20 of a parcel of real estate held by it, any land taxes

21 assessed against such parcel for the three tax years

22 following such sale or disposition by such land bank agency

23 that are collected by the county collector in a calendar

24 year and not refunded, less the fees provided under section

25 52.260 and subsection 4 of this section and less the amounts

26 to be deducted under section 137.720, shall be distributed

27 by the county collector to such land bank agency no later

28 than March first of the following calendar year, provided

29 that land taxes impounded under section 139.031 or otherwise

30 paid under protest shall not be subject to distribution

31 under this subsection. Any amount required to be

32 distributed to a land bank agency under this subsection

33 shall be subject to offset for amounts previously

34 distributed to such land bank agency that were assessed,

35 collected, or distributed in error.

36  4. In addition to any other provisions of law related

37 to collection fees, the county collector shall collect on

38 behalf of the county a fee of four percent of reserve period

39 taxes collected and such fees collected shall be deposited

40 in the county general fund.

41  5. If a county has established a land bank agency

42 under subsection 1 of section 140.981, the collector may

43 collect on behalf of the county a fee for the collection of

44 delinquent and back taxes of up to five percent on all sums

45 collected to be added to the face of the tax bill and

46 collected from the party paying the tax. All fees collected

47 under the provisions of this subsection shall be paid to the
    CCS HCS SS SCS SB 973  25

48 land bank agency established under subsection 1 of section

49 140.981.

1   140.991. 1. There shall be an annual audit of the

2 affairs, accounts, expenses, and financial transactions of a

3 land bank agency by a certified public accountant before

4 April thirtieth of each year, which accountant shall be

5 employed by the land bank agency on or before March first of

6 each year. Certified copies of the audit shall be furnished

7 to the county or municipality that established the land bank

8 agency, and the county or municipality shall post the audit

9 on its [public] website. Copies of the audit shall also be

10 available for public inspection at the office of the land

11 bank agency.

12  2. The land bank agency may be performance audited at

13 any time by the state auditor or by the auditor of the

14 county or municipality that established the land bank

15 agency. The land bank agency shall make copies of such

16 audit available to the public and shall post a copy of the

17 audit on the land bank agency's website within thirty days

18 of the completion of the audit.

1   140.994. 1. A land bank agency shall have power to

2 receive funds from bonds issued by the county or

3 municipality that created the land bank agency, for any of

4 its [corporate] purposes. The bonds shall be special,

5 limited obligations of the county or municipality that

6 created the land bank agency, the principal of and interest

7 on which shall be payable solely from the income and revenue

8 derived from the sale, or other disposition of the assets of

9 the land bank agency, or such portion thereof as may be

10 designated in the resolution, indenture, or other financing

11 documents relating to the issuance of the bonds.
    CCS HCS SS SCS SB 973  26

12  2. Bonds issued pursuant to this section shall not be

13 deemed to be an indebtedness within the meaning of any

14 constitutional or statutory limitation upon the incurring of

15 indebtedness. The bonds shall not constitute a debt,

16 liability, or obligation of the state or a pledge of the

17 full faith and credit or the taxing power of the state and

18 the bonds shall contain a recital to that effect. Neither

19 the members of the board nor any person executing the bonds

20 shall be liable personally on the bonds by reason of the

21 issuance thereof.

22  3. Bonds issued pursuant to this section shall be

23 authorized by resolution of the governing body of the county

24 or municipality establishing the land bank agency, shall be

25 issued in such form, shall be in such denominations, shall

26 bear interest at such rate or rates, shall mature on such

27 dates and in such manner, shall be subject to redemption at

28 such times and on such terms, and shall be executed by one

29 or more members of the governing body of the county or

30 municipality establishing the land bank agency, as provided

31 in the resolution authorizing the issuance thereof or as set

32 out in the indenture or other financing document authorized

33 and approved by such resolution. The governing body of the

34 county or municipality establishing the land bank agency may

35 sell such bonds in such manner, either at public or at

36 private sale, and for such price as the governing body of

37 the county or municipality establishing the land bank agency

38 may determine to be in the best interests of the land bank

39 agency.

40  4. A governing body of the county or municipality

41 establishing the land bank agency may from time to time, as

42 authorized by resolution of the governing body, issue

43 refunding bonds for the purpose of refunding, extending, and
    CCS HCS SS SCS SB 973  27

44 unifying all or any part of its valid outstanding bonds.

45 Such refunding bonds may be payable from any of the sources

46 identified in subsection 1 of this section and from the

47 investment of any of the proceeds of the refunding bonds.

48  5. The bonds issued by the governing body of the

49 county or municipality establishing the land bank agency

50 shall be negotiable instruments under chapter 400.

51  6. Bonds issued under this section and all income or

52 interest thereon shall be exempt from all state taxes.

53  7. The governing body of the county or municipality

54 establishing the land bank agency shall have the power to

55 issue temporary notes upon the same terms and subject to all

56 provisions and restrictions applicable to bonds under this

57 section. Such notes issued by the governing body may be

58 refunded by notes or bonds authorized under this section.

1   140.995. Notwithstanding any provision of sections

2 140.980 to 140.995 to the contrary, a land bank agency may

3 rent or lease property held by the land bank agency for any

4 community, noncommercial, or agricultural uses.

1   140.1000. 1. No board member or employee of a land

2 bank agency shall receive any compensation, emolument, or

3 other profit directly or indirectly from the rental,

4 management, acquisition, sale, demolition, repair,

5 rehabilitation, use, operation, ownership, or disposition of

6 any [lands] property held by such land bank agency other

7 than the salaries, expenses, and emoluments provided for in

8 the chapter 140 land bank act.

9   2. No member of the board or employee of a land bank

10 agency shall own, directly or indirectly, any legal or

11 equitable interest in or to any lands held by such land bank

12 agency other than the salaries, expenses, and emoluments

13 provided for in sections 140.980 to 140.1015.
    CCS HCS SS SCS SB 973     28

14  3. A violation of this section is a class D felony.

15  4. The land bank agency may adopt supplemental rules

16 and regulations addressing potential conflicts of interest

17 and ethical guidelines for board members and land bank

18 agency employees, provided that such rules and regulations

19 are not inconsistent with this chapter or any other

20 applicable law.

21  5. Any person who is related to a board member or

22 employee of a land bank agency within the second degree of

23 consanguinity or affinity shall be considered a board member

24 or employee of a land bank agency for purposes of this

25 section and subject to its provisions.

1   140.1009. 1. A land bank agency shall be authorized

2 to file an action to quiet title under section 527.150 [as

3 to] for any real property in which the land bank agency has

4 an interest. For purposes of any and all such actions, the

5 land bank agency shall be deemed to be the holder of

6 sufficient legal and equitable interests, and possessory

7 rights, so as to qualify the land bank agency as an adequate

8 petitioner in such action.

9   2. Prior to the filing of an action to quiet title,

10 the land bank agency shall conduct an examination of title

11 to determine the identity of any and all persons and

12 entities possessing a claim or interest in or to the real

13 property. Service of the petition to quiet title shall be

14 provided to all such interested parties by the following

15 methods:

16  (1) Registered or certified mail to such identity and

17 address as reasonably ascertainable by an inspection of

18 public records;

19  (2) In the case of occupied real property, by first

20 class mail addressed to "Occupant";
    CCS HCS SS SCS SB 973    29

21  (3) By posting a copy of the notice on the real

22 property;

23  (4) By publication in a newspaper of general

24 circulation in the county or municipality in which the

25 property is located; and

26  (5) Such other methods as the court may order or as

27 may be required by prevailing motions of due process.

28  3. As part of the petition to quiet title, the land

29 bank agency shall file an affidavit identifying all parties

30 potentially having an interest in the real property and the

31 form of notice provided.

32  4. The court shall schedule a hearing on the petition

33 within ninety days following filing of the petition and, as

34 to all matters upon which an answer was not filed by an

35 interested party, the court shall issue its final judgment

36 within one hundred twenty days of the filing of the petition.

37  5. A land bank agency shall be authorized to join in a

38 single petition to quiet title one or more parcels of real

39 property.

1   140.1012. 1. A land bank agency shall be dissolved as

2 a public body corporate and politic no sooner than sixty

3 calendar days, but no later than one hundred eighty calendar

4 days, after an ordinance or resolution for such dissolution

5 is passed by the county or municipality that established the

6 land bank agency.

7   2. [No less than sixty calendar days' advance written

8 notice of consideration of] If such an ordinance or

9 resolution of dissolution is being considered, no less than

10 sixty calendar days advance written notice shall be given to

11 the land bank agency, shall be published in a local

12 newspaper of general circulation within such county or
    CCS HCS SS SCS SB 973  30

13 municipality, and shall be sent certified mail to each

14 trustee of any outstanding bonds of the land bank agency.

15  3. No land bank agency shall be dissolved while there

16 remains any outstanding bonds, notes, or other obligations

17 of the land bank agency unless such bonds, notes, or other

18 obligations are paid or defeased pursuant to the resolution,

19 indenture, or other financing document under which such

20 bonds, notes, or other obligations were issued prior to or

21 simultaneously with such dissolution. Once all outstanding

22 bonds, notes, or other obligations are satisfied, no new

23 property shall be purchased by, gifted to, traded to, or

24 exchanged with the land bank agency. No further debts or

25 other obligations shall be incurred other than that which is

26 necessary to sell or put to public use any remaining

27 property held by the land bank agency. The land bank agency

28 shall be dissolved within thirty days after all outstanding

29 bonds, notes, or other obligations are satisfied.

30  4. Upon dissolution of a land bank agency pursuant to

31 this section, all real property, personal property, and

32 other assets of the land bank agency shall be transferred by

33 appropriate written instrument to and shall become the

34 assets of the county or municipality that established the

35 land bank agency. Such county or municipality shall act

36 expeditiously to return such real property to the tax rolls

37 and shall market and sell such real property using an open,

38 public method that ensures the best possible prices are

39 realized while ensuring such real property is returned to a

40 suitable, productive use for the betterment of the

41 neighborhood in which such real property is located. Upon

42 the sale or other disposition of any such property by such

43 county or municipality, the proceeds therefrom shall be

44 applied and distributed in the following order:
    CCS HCS SS SCS SB 973  31

45  (1) To the payment of the expenses of sale;

46  (2) To the reasonable costs incurred by such county or

47 municipality in maintaining and marketing such property; and

48  (3) The balance shall be paid to the respective taxing

49 authorities that, at the time of the distribution, are

50 taxing the real property from which the proceeds are being

51 distributed.

1   141.220. The following words, terms and definitions,

2 when used in sections 141.210 to 141.810 and sections

3 141.980 to 141.1015, shall have the meanings ascribed to

4 them in this section, except where the text clearly

5 indicates a different meaning:

6   (1) "Ancillary parcel" shall mean a parcel of real

7 estate acquired by a land bank agency other than:

8   (a) Pursuant to a deemed sale under subsection 3 of

9 section 141.560;

10  (b) By deed from a land trust under subsection 1 of

11 section 141.984; or

12  (c) Pursuant to a sale under subdivision (2) of

13 subsection 2 of section 141.550;

14  (2) "Appraiser" shall mean a state licensed or

15 certified appraiser licensed or certified pursuant to

16 chapter 339 who is not an employee of the collector or

17 collection authority;

18  (3) "Board" or "board of commissioners" shall mean the

19 board of commissioners of a land bank agency;

20  (4) "Collector" shall mean the collector of the

21 revenue in any county affected by sections 141.210 to

22 141.810 and sections 141.980 to 141.1015;

23  (5) "County" shall mean any county in this state;
    CCS HCS SS SCS SB 973     32

24  (6) "Court" shall mean the circuit court of any county

25 affected by sections 141.210 to 141.810 and sections 141.980

26 to 141.1015;

27  (7) "Delinquent land tax attorney" shall mean a

28 licensed attorney-at-law, employed or designated by the

29 collector as hereinafter provided;

30  (8) "Interested party", shall mean any person with a

31 legal interest in a parcel of land affected by sections

32 141.210 to 141.810 and sections 141.980 to 141.1015.

33 Interested party shall not include:

34  (a) The holder of the benefit or burden of any

35 easement or right of way;

36  (b) The holder of a benefit or burden of a real

37 covenant; or

38  (c) A leasehold owner of subsurface mineral, gas, or

39 oil rights whose interest is properly recorded and whose

40 interest shall remain unaffected;

41  (9) "Land bank agency", shall mean [an] any agency

42 created under section 141.980;

43  (10) "Land taxes" shall mean taxes on real property or

44 real estate and shall include the taxes both on land and the

45 improvements thereon;

46  (11) "Land trustees" and "land trust" shall mean the

47 land trustees and land trust as the same are created by and

48 described in section 141.700;

49  (12) "Municipality" shall include any incorporated

50 city or town, or a part thereof, located in whole or in part

51 within a county;

52  (13) "Person" shall mean any individual, firm,

53 copartnership, joint adventure, association, corporation,

54 estate, trust, business trust, receiver or trustee appointed

55 by any state or federal court, trustee otherwise created,
    CCS HCS SS SCS SB 973    33

56 syndicate, or any other group or combination acting as a

57 unit, and the plural as well as the singular number;

58  (14) "Political subdivision" shall mean any county,

59 city, town, village, school district, library district, or

60 any other public subdivision or public corporation having

61 the power to tax;

62  (15) "Reserve period taxes" shall mean land taxes

63 assessed against any parcel of real estate sold or otherwise

64 disposed of by a land bank agency for the first three tax

65 years following such sale or disposition;

66  (16) "School district", "road district", "water

67 district", "sewer district", "levee district", "drainage

68 district", "special benefit district", "special assessment

69 district", or "park district" shall include those located

70 within a county as such county is described in this section;

71  (17) "Sheriff" and "circuit clerk" shall mean the

72 sheriff and circuit clerk, respectively, of any county

73 affected by sections 141.210 to 141.810 and sections 141.980

74 to 141.1015;

75  (18) "Tax bill" as used in sections 141.210 to 141.810

76 and sections 141.980 to 141.1015 shall represent real estate

77 taxes and the lien thereof, whether general or special,

78 levied and assessed by any taxing authority;

79  (19) "Tax district" shall mean the state of Missouri

80 and any county, municipality, school district, road

81 district, water district, sewer district, levee district,

82 drainage district, special benefit district, special

83 assessment district, or park district, located in any

84 municipality or county as herein described;

85  (20) "Tax lien" shall mean the lien of any tax bill as

86 defined in this section;
    CCS HCS SS SCS SB 973  34

87  (21) "Taxing authority" shall include any

88 governmental, managing, administering or other lawful

89 authority, now or hereafter empowered by law to issue tax

90 bills, the state of Missouri or any county, municipality,

91 school district, road district, water district, sewer

92 district, levee district, drainage district, special benefit

93 district, special assessment district, or park district,

94 affected by sections 141.210 to 141.810 and sections 141.980

95 to 141.1015.

1   141.230. 1. The land tax collection law shall apply

2 to all counties that have elected to operate under the

3 provisions of sections 141.210 to 141.810 by adoption of a

4 resolution or order of the county commission of such county.

5   2. Alternatively, any county may, by adoption of a

6 resolution or order of the county commission of such county,

7 elect to operate under the provisions of sections 141.210 to

8 141.810 as a partial opt-in county. After adoption of any

9 such resolution or order, the collector for such county may

10 elect to operate under the provisions of sections 141.210 to

11 141.810 for any parcel [or parcels for which there is an

12 unpaid tax bill for a period of at least two years after the

13 date on which it became delinquent].

14  3. No county eligible to establish a land bank agency

15 under subsection 1 of section 140.981 shall elect to operate

16 as a partial opt-in county unless having first elected to

17 establish a land bank agency as provided in subsection 1 of

18 section 140.981.

19  4. Any county commission so adopting such resolution

20 or order shall file a certified copy thereof within ten days

21 after the adoption of said resolution or order with the

22 clerk of the county commission and with the collector of

23 revenue for such county, and with the mayor and city
    CCS HCS SS SCS SB 973  35

24 collector or chief financial officer of each municipality in

25 such county, as defined by section 141.220.

26  5. After the adoption of such resolution or order by

27 such county commission, each municipality shall cooperate

28 with such county under the provisions of sections 141.210 to

29 141.810. Any such county which shall, in the manner

30 provided herein, have elected to come within the provisions

31 of sections 141.210 to 141.810, in whole or in part, by

32 adoption of such resolution, order or ordinance, may, after

33 a period of one year from the effective date of such

34 resolution, order or ordinance, adopt by similar means a

35 resolution, order or ordinance, rescinding the election to

36 adopt the provisions of the land tax collection law and

37 certified copies of such resolution, order or ordinance

38 shall be filed in the same manner as said original

39 resolution, order or ordinance; provided, that such

40 resolution, order or ordinance rescinding or nullifying the

41 election to adopt the provisions of sections 141.210 to

42 141.810 shall not become effective for one year thereafter

43 nor shall it invalidate or in any way affect any proceedings

44 in rem for foreclosure which may have been instituted under

45 the provisions of sections 141.210 to 141.810, but all such

46 actions and proceedings so instituted while the provisions

47 of said sections were in full force and effect shall be

48 prosecuted to their conclusion and completion; provided

49 further, that any county which may have operated under

50 sections 141.210 to 141.810 prior to the enactment of this

51 section may hereafter elect to terminate any further

52 operation under sections 141.210 to 141.810 by proceeding in

53 manner and form and to the same effect as though it had

54 originally elected to operate under the provisions of

55 sections 141.210 to 141.810.
    CCS HCS SS SCS SB 973      36

56  6. Any municipality located partly within a county

57 electing to operate in whole or in part under the provisions

58 of sections 141.210 to 141.810 shall cooperate with such

59 county under the provisions of sections 141.210 to 141.810;

60 provided, however, that tax bills imposed against real

61 estate located in that part of such municipality outside of

62 the limits of any such county shall be collected under other

63 provisions as may be provided by law.

1   141.250. 1. The respective liens of the tax bills for

2 general taxes of the state of Missouri, the county, any

3 municipality, and any school district, for the same tax

4 year, shall be equal and first liens upon the real estate

5 described in the respective tax bills thereof; provided,

6 however, that the liens of such tax bills for the latest

7 year for which tax bills are unpaid shall take priority over

8 the liens of tax bills levied and assessed for less recent

9 years, and the lien of such tax bills shall rate in priority

10 in the order of the years for which the tax bills are

11 delinquent, the lien of the tax bill longest delinquent

12 being junior in priority to the lien of the tax bill for the

13 next most recent tax year.

14  2. All tax bills for other than general taxes shall

15 constitute liens junior to the liens for general taxes upon

16 the real estate described therein; provided, however, that a

17 tax bill for other than general taxes, of the more recent

18 issue shall likewise be senior to any such tax bill of less

19 recent date.

20  3. The proceeds derived from the sale of any lands

21 encumbered with a tax lien or liens shall be distributed to

22 the owners of such liens in the order of the seniority of

23 the liens. Those holding liens of equal rank shall share in

24 direct proportion to the amounts of their respective liens.
    CCS HCS SS SCS SB 973  37

1   141.270. 1. On or before the fifth day of January in

2 each year, all taxing authorities and any other tax bill

3 owner shall file a list with the collector [a list] on a

4 form approved by the collector of all parcels of real estate

5 affected by tax liens held and owned by such taxing

6 authority or person which have been delinquent for two years

7 or more. Such list shall also include all delinquent tax

8 bills for any and all years.

9   2. The taxing authority or person filing such list

10 shall pay to the collector a filing fee of one dollar and

11 fifty cents for each parcel of real estate described

12 therein, which fee shall be charged against each parcel and

13 collected and accounted for by the collector as other costs.

14  3. No school district nor any other taxing authority

15 whose taxes are required by law to be collected by the

16 collector shall file any list nor pay the filing fee herein

17 provided.

18  4. If the taxes of any taxing authority are two or

19 more years delinquent, the other taxing authorities and

20 other tax bill owners shall include in the said list all tax

21 liens against the said parcel, even though the taxes are not

22 two years delinquent.

1   141.290. 1. The collector shall compile lists of all

2 state, county, school, and other tax bills collectible by

3 the collector that are delinquent according to the

4 collector's records, and the collector shall combine such

5 lists with the list filed by any taxing authority or tax

6 bill owner.

7   2. For partial opt-in counties, the collector shall

8 decide which tax delinquent parcels shall proceed according

9 to the provisions contained [herein] in this chapter. The
    CCS HCS SS SCS SB 973      38

10 remaining parcels shall proceed under such other provisions

11 as may be provided by law.

12  3. The collector shall assign a serial number to each

13 parcel of real estate in each list and if suit has been

14 filed in the circuit court of the county on any delinquent

15 tax bill included in any list, the collector shall give the

16 court docket number of such suit and some appropriate

17 designation of the place where such suit is pending, and

18 such pending suit so listed in any petition filed pursuant

19 to the provisions of sections 141.210 to 141.810 and

20 sections 141.980 to 141.1015 shall, without further

21 procedure or court order, be deemed to be consolidated with

22 the suit brought under sections 141.210 to 141.810 and

23 sections 141.980 to 141.1015, and such pending suit shall

24 thereupon be abated.

25  4. The collector shall deliver such combined lists to

26 the delinquent land tax attorney from time to time but not

27 later than April first of each year.

28  5. The delinquent land tax attorney shall incorporate

29 such lists in petitions in the form prescribed in section

30 141.410, and shall file such petitions with the circuit

31 clerk not later than June first of each year.

1   141.300. 1. The collector shall receipt for the

2 aggregate amount of such delinquent tax bills appearing on

3 the list or lists filed with the collector under the

4 provisions of section 141.290, which receipt shall be held

5 by the owner or holder of the tax bills or by the treasurer

6 or other corresponding financial officer of the taxing

7 authority [so] filing such list with the collector.

8   2. The collector shall, on or before the fifth day of

9 each month, file with the owner or holder of any tax bill or

10 with the treasurer or other corresponding financial officer
   CCS HCS SS SCS SB 973  39

11 of any taxing authority, a detailed statement, verified by

12 affidavit, of all taxes collected by the collector during

13 the preceding month which appear on the list or lists

14 received by the collector, and shall, on or before the

15 fifteenth day of the month, pay the same, less the

16 collector's commissions and costs payable to the county, to

17 the tax bill owner or holder or to the treasurer or other

18 corresponding financial officer of any taxing authority;

19 provided, however, that the collector shall be given credit

20 for the full amount of any tax bill where title to the real

21 estate described in such tax bill is taken by a land trust,

22 or which is bid on by a land bank agency and where title to

23 the real estate described in such tax bill is taken by such

24 land bank agency pursuant to a deemed sale under subsection

25 3 of section 141.560, or which is included in the bid of a

26 land bank agency and where title to the real estate

27 described in such tax bill is taken by such land bank agency

28 pursuant to a sale under subdivision (2) of subsection 2 of

29 section 141.550.

1  141.320. 1. The collector shall, at the collector's

2 option, appoint a delinquent land tax attorney, to be

3 compensated as necessary for the performance of the

4 collector's duties under this chapter, or in counties having

5 a county counselor, the collector shall, at the collector's

6 option, designate the county counselor and such of the

7 counselor's assistants as shall appear necessary to act as

8 the delinquent land tax attorney.

9  2. A delinquent land tax attorney who is not the

10 county counselor, with the approval of the collector, may

11 appoint one or more assistant delinquent land tax attorneys

12 and such clerical employees as may be necessary, to be

13 compensated as necessary for the performance of duties under
    CCS HCS SS SCS SB 973  40

14 this chapter; and the appointed delinquent tax attorney may

15 incur such reasonable expenses as are necessary for the

16 performance of the attorney's duties.

17  3. The delinquent land tax attorney and the attorney's

18 assistants shall perform legal services for the collector

19 and shall act as attorney for the collector in the

20 prosecution of all suits brought for the collection of land

21 taxes; but the attorney and the collector shall not perform

22 legal services for the land trust or any land bank agency.

23  4. Salaries and expenses of a delinquent land tax

24 attorney who is not also the county counselor, the

25 attorney's assistants, and the attorney's employees shall be

26 paid monthly out of the treasury of the county from the same

27 funds as employees of the collector whenever the funds

28 provided for by sections 141.150, 141.270, and 141.620 are

29 not sufficient for such purpose.

30  5. The compensation herein provided shall be the total

31 compensation for a delinquent land tax attorney who is not

32 also a county counselor, and the attorney's assistants and

33 employees.

34  6. A delinquent land tax attorney who is not also the

35 county counselor shall make a return quarterly to the county

36 commission of such county of all compensation received by

37 the attorney, and of all amounts owing to the attorney by

38 the collector, and of all salaries and expenses of any

39 assistants and employees, stating the same in detail, and

40 verifying such amounts by affidavit.

41  7. The attorney's fees shall be taxed as costs in the

42 suit and collected as other costs.

1   141.330. The collector [annually] may appoint one

2 delinquent land tax clerk in each office lawfully maintained

3 by the collector in the county, to be compensated as
    CCS HCS SS SCS SB 973         41

4 necessary for the performance of the clerk's duties under

5 this chapter.

1   141.360. All suits for the foreclosure of tax liens

2 brought by the collector shall name the collector only by

3 the title of the collector's office, and all such suits

4 shall be brought directly against the real estate subject to

5 the tax lien or liens to be foreclosed.

1   141.410. 1. A suit for the foreclosure of the tax

2 liens herein provided for shall be instituted by filing in

3 the appropriate office of the circuit clerk a petition[,

4 which]. Such petition shall contain a caption, a copy of

5 the list so furnished to the delinquent land tax attorney by

6 the collector, and a prayer. The petition shall name each

7 person with a legal interest in the parcel of land affected

8 by the suit, as reasonably discoverable to the collector

9 from publicly available records. Such petition without

10 further allegation shall be deemed to be sufficient.

11  2. The caption shall be in the following form:

12  In the Circuit Court of ______ County, Missouri,

13  In the Matter of

14  Foreclosure of Liens for Delinquent Land Taxes

15               By Action in Rem.

16  Collector of Revenue of ______ County, Missouri,

17                                    Plaintiff

18                         -vs.-

19  Parcels of Land Encumbered with Delinquent Tax

20  Liens

21                                    Defendants
    CCS HCS SS SCS SB 973     42

22  3. The petition shall contain at least the following

23 information:

24  (1) The identity of the petitioner and the name and

25 address of the collector;

26  (2) The parcel's common street address;

27  (3) A full legal description for the parcel;

28  (4) The tax identification number of the parcel;

29  (5) The period of tax delinquency; and

30  (6) The principal amount of delinquent taxes, together

31 with interest, penalties, and fees.

32  4. The petition shall conclude with a prayer that all

33 tax liens upon such real estate be foreclosed; that the

34 court determine the amounts and priorities of all tax bills,

35 together with interest, penalties, costs, and attorney's

36 fees; that the court order such real estate to be sold by

37 the sheriff at public sale as provided by sections 141.210

38 to 141.810 and sections 141.980 to 141.1015 and that

39 thereafter a report of such sale be made by the sheriff to

40 the court for further proceedings under sections 141.210 to

41 141.810 and sections 141.980 to 141.1015.

42  5. The delinquent land tax attorney within ten days

43 after the filing of any such petition shall forward by

44 United States registered mail to each person or taxing

45 authority having filed a list of delinquent tax bills with

46 the collector as provided by sections 141.210 to 141.810 and

47 sections 141.980 to 141.1015 a notice of the time and place

48 of the filing of such petition and of the newspaper in which

49 the notice of publication has been or will be published.

50  6. The petition when so filed shall have the same

51 force and effect with respect to each parcel of real estate

52 therein described, as a separate suit instituted to
   CCS HCS SS SCS SB 973    43

53 foreclose the tax lien or liens against any one of said

54 parcels of real estate.

1  141.440. 1. Within thirty days after the filing of

2 such petition, the collector shall [also] cause to be

3 prepared and sent by restricted, registered or certified

4 mail with postage prepaid, [within thirty days after the

5 filing of such petition,] a notice of the petition, to the

6 persons named in the petition as being the last known

7 persons in whose names tax bills affecting the respective

8 parcels of real estate described in said petition were last

9 billed or charged on the books of the collector, or the last

10 known owner of record, if different, and to the addresses of

11 said persons upon said records of the collector. The terms

12 "restricted", "registered" or "certified mail" as used in

13 this section mean mail which carries on the face thereof in

14 a conspicuous place, where it will not be obliterated, the

15 endorsement "DELIVER TO ADDRESSEE ONLY", and which also

16 requires a return receipt or a statement by the postal

17 authorities that the addressee refused to receive and

18 receipt for such mail. If the notice is returned to the

19 collector by the postal authorities as undeliverable for

20 reasons other than the refusal by the addressee to receive

21 and receipt for the notice as shown by the return receipt,

22 then the collector shall make a search of the records

23 maintained by the county, including those kept by the

24 recorder of deeds, to discern the name and address of any

25 person who, from such records, appears as a successor to the

26 person to whom the original notice was addressed, and to

27 cause another notice to be mailed to such person. The

28 collector shall prepare and file with the circuit clerk at

29 least thirty days before judgment is entered by the court on

30 the petition an affidavit reciting to the court any name,
    CCS HCS SS SCS SB 973  44

31 address and serial number of the tract of real estate

32 affected by any such notices of suit that are undeliverable

33 because of an addressee's refusal to receive and receipt for

34 the same, or of any notice otherwise nondeliverable by mail,

35 or in the event that any name or address does not appear on

36 the records of the collector, then of that fact. The

37 affidavit in addition to the recitals set forth above shall

38 also state reason for the nondelivery of such notice.

39  2. The collector shall prepare and send, by first-

40 class mail, a copy of the petition within thirty days after

41 the filing of such a petition to the occupant of such parcel

42 or property.

1   141.500. 1. After the trial of the issues, the court

2 shall, as promptly as circumstances permit, render

3 judgment. If the court finds that no tax bill upon the land

4 collectible by the collector or the relator was delinquent

5 when the suit was instituted or tried, then the judgment of

6 the court shall be that the cause be dismissed as to the

7 parcels of real estate described in the tax bill[; or,]. If

8 the evidence warrant, the judgment may be for the principal

9 amount of the delinquent tax bills upon the real estate upon

10 which suit was brought, together with interest, penalties,

11 attorney's and appraiser's fees and costs computed as of the

12 date of the judgment. The judgment may recite the amount of

13 each tax bill, the date when it began to bear interest, and

14 the rate of such interest, together with the rate and amount

15 of penalties, attorney's and appraiser's fees not to exceed

16 fifteen dollars. It may decree that the lien upon the

17 parcels of real estate described in the tax bill be

18 foreclosed and such real estate sold by the sheriff, and the

19 cause shall be continued for further proceedings, as herein

20 provided.
    CCS HCS SS SCS SB 973  45

21  2. The collector shall cause to be prepared and sent

22 by restricted, registered or certified mail with postage

23 prepaid, within thirty days after the rendering of such

24 judgment, a brief notice of such judgment and the

25 availability of a written redemption contract pursuant to

26 section 141.530 to the persons named in the judgment as

27 being the last known persons in whose names tax bills

28 affecting the respective parcels of real estate described in

29 such judgment were last billed or charged on the books of

30 the collector, or the last known owner of record, if

31 different, and to the addresses of such persons upon the

32 records of the collector. The terms "restricted",

33 "registered" or "certified mail" as used in this section

34 mean mail which carries on the face thereof in a conspicuous

35 place, where it will not be obliterated, the endorsement,

36 "DELIVER TO ADDRESSEE ONLY", and which also requires a

37 return receipt or a statement by the postal authorities that

38 the addressee refused to receive and receipt for such mail.

39 If the notice is returned to the collector by the postal

40 authorities as undeliverable for reasons other than the

41 refusal by the addressee to receive and receipt for the

42 notice as shown by the return receipt, then the collector

43 shall make a search of the records maintained by the county,

44 including those kept by the recorder of deeds, to discern

45 the name and address of any person who, from such records,

46 appears as a successor to the person to whom the original

47 notice was addressed, and to cause another notice to be

48 mailed to such person. The collector shall prepare and file

49 with the circuit clerk prior to confirmation hearings an

50 affidavit reciting to the court any name, address and serial

51 number of the tract of real estate affected of any such

52 notices of judgment that are undeliverable because of an
    CCS HCS SS SCS SB 973      46

53 addressee's refusal to receive and receipt for the same, or

54 of any notice otherwise nondeliverable by mail, or in the

55 event that any name or address does not appear on the

56 records of the collector, then of that fact. The affidavit

57 in addition to the recitals set forth above shall also state

58 reason for the nondelivery of such notice.

59  3. The collector shall prepare and send to the

60 occupant of such parcel or property, by first-class mail, a

61 copy of the judgment of foreclosure within thirty days after

62 the date of such judgment.

1   141.520. 1. After the judgment of foreclosure has

2 been entered, or, after a motion for a new trial has been

3 overruled, or, if an appeal be taken from such judgment and

4 the judgment has been affirmed, after the sheriff shall have

5 been notified by any party to the suit that such judgment

6 has been affirmed on appeal and that the mandate of the

7 appellate court is on file with the circuit clerk, there

8 shall be a waiting period of six months before any

9 advertisement of sheriff's sale shall be published.

10  2. If any such parcel of real estate [be] is not

11 redeemed, or if no written contract providing for redemption

12 [be] is made within six months after the date of the

13 judgment of foreclosure, if no motion for rehearing [be] is

14 filed, and, if filed, within six months after such motion

15 may have been overruled, or, if an appeal [be] is taken from

16 such judgment and the judgment [be] is affirmed, within six

17 months after the sheriff shall have been notified by any

18 party to the suit that such judgment has been affirmed on

19 appeal and that the mandate of the appellate court is on

20 file with the circuit clerk, the sheriff shall commence to

21 advertise the real estate described in the judgment and

22 shall fix the date of sale within thirty days after the date
    CCS HCS SS SCS SB 973       47

23 of the first publication of the notice of sheriff's sale as

24 herein provided, and shall at such sale proceed to sell the

25 real estate.

26  3. Any provisions of this chapter to the contrary

27 notwithstanding, the owner of any parcel of real property

28 against which a judgment has been rendered shall not have

29 the right to redeem such property from said judgment if at

30 the time of judgment such property is assessed as

31 residential property and the judgment finds the property has

32 been vacant for a period of not less than six months prior

33 to the judgment. After a judgment as provided for in this

34 section becomes final, the waiting period shall not apply to

35 such judgment and a sale under execution of the judgment

36 shall be immediately held as provided under the applicable

37 provisions of this chapter.

38  4. In partial opt-in counties, no later than one

39 hundred twenty days prior to the sheriff's sale, the

40 collector shall obtain from a licensed title company or

41 attorney a title search that includes all conveyances,

42 liens, and charges against the real estate involved in the

43 suit for any parcel of real estate against which the

44 collector has obtained a judgment under section 141.500 and

45 for which it has been decreed that the lien upon the parcel

46 of real estate described in the tax bill be foreclosed and

47 such real estate sold by the sheriff. The charge of such

48 title search may be recovered from the proceeds of the sale

49 under section 141.580.

50  5. After obtaining or conducting a title search, the

51 collector shall initiate a search of the following records

52 to identify and locate interested parties and addresses

53 reasonably calculated to apprise interested parties of the

54 suit:
    CCS HCS SS SCS SB 973  48

55  (1) Land title records in the office of the county

56 recorder of deeds;

57  (2) Tax records in the office of the local treasurer;

58  (3) Tax records in the office of the local assessor;

59  (4) A search of court records in Missouri CaseNet; and

60  (5) For a business entity, records filed with the

61 secretary of state.

62 The collector may also incur reasonable costs for web-based

63 investigatory searches to supplement the search for

64 interested parties and addresses. The reasonable cost of

65 locating interested parties and addresses for notice may be

66 recovered from the proceeds of the sale under section

67 141.580.

68  6. No later than thirty days prior to the sheriff's

69 sale, the collector shall send notice of the sale to all

70 interested parties at the address most likely to apprise

71 interested parties of the sale. The notice shall provide

72 the date, time, and place of the sale and shall also state

73 that the parcel may be redeemed prior to the sale as

74 specified in sections 141.420 and 141.530. The notice

75 required by this subsection shall be mailed first class,

76 postage prepaid. The cost of notice under this subsection

77 may be recovered from the proceeds of the sale under section

78 141.580.

79  7. No later than twenty days prior to the sheriff's

80 sale, the sheriff shall enter upon the parcel subject to

81 foreclosure of these tax liens and post a written

82 informational notice in a conspicuous location, attached to

83 a structure, and intended to be visible by the nearest

84 public right-of-way. This notice shall describe the parcel

85 and advise that it is the subject of delinquent land tax
     CCS HCS SS SCS SB 973  49

86 collection proceedings brought under sections 141.210 to

87 141.810 and sections 141.980 to 141.1015 and that it may be

88 sold for the payment of delinquent taxes at a sale to be

89 held at a certain time, date, and place and shall also

90 contain the tax identification number and the phone number

91 and address of the collector as well as a prohibition

92 against removal unless the parcel has been redeemed. The

93 notice shall be not less than eight inches by ten inches and

94 shall be laminated or otherwise sufficiently weatherproof to

95 withstand normal exposure to rain, snow, and other

96 conditions. The sheriff shall document, by time-stamped

97 photograph, compliance with this section, make such

98 documentation generally available upon request, and provide

99 verification by affidavit of compliance with this section.

100 The cost of notice under this subsection may be recovered

101 from the proceeds of the sale under section 141.580.

102  8. In addition to the other notice requirements of

103 this section, no later than twenty days prior to the

104 sheriff's sale, the sheriff shall attempt in-person notice

105 that shall describe the parcel and advise that it is the

106 subject of delinquent land tax collection proceedings

107 brought under sections 141.210 to 141.810 and sections

108 141.980 to 141.1015; that shall state that it may be sold

109 for the payment of delinquent taxes at a sale to be held at

110 a certain time, date, and place; and that shall also contain

111 the tax identification number and the phone number and

112 address of the collector. In-person notice may be provided

113 to any person found at the parcel. The sheriff shall note

114 the date and time of attempted notice and the name,

115 description, or other identifying information regarding the

116 person to whom notice was attempted. The sheriff shall

117 document compliance with this section, make such
    CCS HCS SS SCS SB 973  50

118 documentation generally available upon request, and provide

119 verification by affidavit of compliance with this section.

120 The cost of notice under this subsection may be recovered

121 from the proceeds of the sale under section 141.580.

1   141.535. 1. If a parcel is the subject of an action

2 filed under sections 447.620 to 447.640, the court shall

3 stay the sale of any tax parcel to be sold under execution

4 of a tax foreclosure judgment obtained under this chapter,

5 provided that the party which has brought such an action has

6 paid into the circuit court the principal amount of all

7 [land] delinquent taxes then due and owing under the tax

8 foreclosure judgment, exclusive of penalties, interest,

9 attorney fees, and court costs, prior to the date of any

10 proposed sale under execution. The party bringing such

11 action shall provide written notice of the filing of the

12 action to the court administrator and file with the circuit

13 court in which the action is pending a certificate that such

14 notice has been provided to the court administrator. If the

15 party that brought the action under sections 447.620 to

16 447.640 dismisses its action prior to gaining temporary

17 possession of the property, it shall recover any amounts

18 paid into the circuit court under this subsection.

19  2. In any order granting a sheriff's deed under

20 section 447.625 or a judicial deed under section 447.640,

21 the court shall also order the permanent extinguishment of

22 liability against the grantee and the grantee's successors

23 in interest for penalties, interest, attorney fees, and

24 court costs arising from actions to collect delinquent land

25 taxes due on the subject property. The funds paid into the

26 court for land taxes under subsection 1 of this section

27 shall then be paid to the county collector.
    CCS HCS SS SCS SB 973  51

28  3. If an owner of such a property moves the court for

29 restoration of possession of the subject property under

30 section 447.638, the owner shall pay into the circuit court

31 all land tax amounts currently due and owing on the

32 property, including all statutory penalties, interest,

33 attorney fees, and court costs retroactive to the date of

34 accrual, and in the event that an owner of the tax parcel

35 regains possession under section 447.638, funds deposited by

36 the owner under this subsection shall be paid to the county

37 collector, and funds paid into the court by a party under

38 subsection 1 of this section shall be paid out in full to

39 the payer.

1   141.540. 1. In any county at a certain front door of

2 whose courthouse sales of real estate are customarily made

3 by the sheriff under execution, the sheriff shall advertise

4 for sale and sell the respective parcels of real estate

5 ordered sold by the sheriff pursuant to any judgment of

6 foreclosure by any court pursuant to sections 141.210 to

7 141.810 and 141.980 to 141.1015 at any of such courthouses[,

8 but]. The sale of such parcels of real estate shall be held

9 at the same front door as sales of real estate are

10 customarily made by the sheriff under execution.

11  2. Such advertisements may include more than one

12 parcel of real estate, and shall be in substantially the

13 following form:

14                         NOTICE OF SHERIFF'S

15                         SALE UNDER JUDGMENT OF

16                  FORECLOSURE OF LIENS FOR

17                         DELINQUENT LAND TAXES
    CCS HCS SS SCS SB 973  52

18                                                No. ______

19  In the Circuit Court of ______ County,

20                         Missouri.

21  In the Matter of Foreclosure of Liens for

22                         Delinquent Land Taxes

23  Collector of Revenue of ______ County,

24                         Missouri, Plaintiff,

25                         vs.

26  Parcels of Land encumbered with Delinquent Tax

27                         Liens, Defendants.

28  WHEREAS, judgment has been rendered against

29  parcels of real estate for taxes, interest,

30  penalties, attorney's fees and costs with the

31  serial numbers of each parcel of real estate,

32  the description thereof, the name of the person

33  appearing in the petition in the suit, and the

34  total amount of the judgment against each such

35  parcel for taxes, interest, penalties,

36  attorney's fees and costs, all as set out in

37  said judgment and described in each case,

38  respectively, as follows: (Here set out the

39  respective serial numbers, descriptions, names

40  and total amounts of each judgment, next above

41  referred to.) and,

42  WHEREAS, such judgment orders such real estate

43  sold by the undersigned sheriff, to satisfy the

44  total amount of such judgment, including

45  interest, penalties, attorney's fees and

46  costs,

47  NOW, THEREFORE,

48  Public Notice is hereby given that I ______,

49  Sheriff of ______ County, Missouri, will sell

50  such real estate, parcel by parcel, at public
    CCS HCS SS SCS SB 973  53

51  auction, to the highest bidder, for cash,

52  between the hours of nine o'clock A.M. and five

53  o'clock P.M., at the ______ front door of the

54  ______ County Courthouse in ______, Missouri,

55  on ______, the ______ day of ______, 20______,

56  and continuing from day to day thereafter, to

57  satisfy the judgment as to each respective

58  parcel of real estate sold. If no acceptable

59  bids are received as to any parcel of real

60  estate, said parcel shall be sold to the Land

61  Trust of ______ (insert name of County),

61  Missouri or Land Bank of the City of ______

62  (insert name of municipality), Missouri.

63  Any bid received shall be subject to

64  confirmation by the court.

65                             __________________

66                             Sheriff of _____ County,

67                             Missouri

68  __________________

69  Delinquent Land Tax

70  Attorney

71  Address: ______

72  First Publication ______, 20______

73  3. Such advertisement shall be published four times,

74 once a week, upon the same day of each week during

75 successive weeks prior to the date of such sale, in a daily

76 newspaper of general circulation regularly published in the

77 county, qualified according to law for the publication of

78 public notices and advertisements.

1   141.550. 1. The sale shall be conducted, the

2 sheriff's return thereof made, and the sheriff's deed
    CCS HCS SS SCS SB 973     54

3 pursuant to the sale executed, all as provided in the case

4 of sales of real estate taken under execution, except as

5 otherwise provided in sections 141.210 to 141.810 and

6 sections 141.980 to 141.1015, and provided that such sale

7 need not occur during the term of court or while the court

8 is in session.

9   2. The following provisions shall apply to any sale

10 pursuant to this section:

11  (1) The sale shall be held on the day for which it is

12 advertised, between the hours of nine o'clock a.m. and five

13 o'clock p.m. and continued day to day thereafter to satisfy

14 the judgment as to each respective parcel of real estate

15 sold. For partial opt-in counties, the sale shall be held

16 on the fourth Monday in August of each year between the

17 hours of nine o'clock a.m. and five o'clock p.m. and

18 continued day to day thereafter to satisfy the judgment as

19 to each respective parcel of real estate sold;

20  (2) The sale shall be conducted publicly, by auction,

21 for ready money. The parcel shall be sold to the highest

22 bidder, provided that the highest bid is equal to or greater

23 than the full amount of all tax bills due and owing on the

24 parcel, which may differ from the judgment amount; plus

25 interest; penalties; attorney's fees and costs; and a

26 nonreimbursable, two-hundred-dollar bidder fee. Such bidder

27 fee shall be paid to the land trust or land bank agency for

28 the municipality or county in which the parcel is situated.

29 The bid amount shall not include any amounts for debts owed

30 to any sewer district then due thereon;

31  (3) No person shall be eligible to bid at the time of

32 the sale unless such person has, no later than ten days

33 before the sale date, demonstrated to the satisfaction of

34 the official charged by law with conducting the sale that he
    CCS HCS SS SCS SB 973  55

35 or she is not the owner of any parcel of real estate in the

36 county which is affected by a tax bill which has been

37 delinquent for more than six months. A prospective bidder

38 may make such a demonstration by presenting statements from

39 the appropriate collection officials of the county. The

40 official charged with conducting the sale may require

41 prospective bidders to submit an affidavit attesting to the

42 requirements of this subdivision and is expressly authorized

43 to permanently preclude any prospective bidder from

44 participating in the sale for failure to comply with the

45 provisions of this subdivision; and

46  (4) No foreign or domestic corporation or limited

47 liability company that has failed to appoint or maintain a

48 registered agent under chapter 347 or 351 shall be eligible

49 to bid at the time of the sale. No foreign corporate entity

50 shall be eligible to bid at the time of the sale unless it

51 has a certificate of authority to transact business in

52 Missouri under section 351.572. The official charged with

53 conducting the sale may require prospective bidders to

54 submit an affidavit attesting to the requirements of this

55 subdivision and is expressly authorized to permanently

56 preclude any prospective bidder from participating in the

57 sale for failure to comply with the provisions of this

58 subdivision.

59  3. The following provisions shall apply to any sale

60 under this section of property located within any

61 municipality contained wholly or partially within a county

62 with a population of over six hundred thousand inhabitants

63 and fewer than nine hundred thousand inhabitants:

64  (1) No person shall be eligible to bid at the time of

65 the sale unless such person has, no later than ten days

66 before the sale date, demonstrated to the satisfaction of
    CCS HCS SS SCS SB 973  56

67 the official charged by law with conducting the sale that

68 the person is not the owner of any parcel of real property

69 with two or more violations of the municipality's building

70 or housing codes. A prospective bidder may make such a

71 demonstration by presenting statements from the appropriate

72 code enforcement officials of the municipality; and

73  (2) Notwithstanding the provisions of subdivision (1)

74 of this subsection, any taxing authority or land bank agency

75 shall be eligible to bid at the sale without making the

76 demonstration described in subdivision (1) of this

77 subsection.

78  4. Such sale shall convey the whole interest of every

79 person having or claiming any right, title or interest in or

80 lien upon such real estate, whether such person has answered

81 or not, subject to rights-of-way thereon of public utilities

82 upon which tax has been otherwise paid, and subject to the

83 lien thereon, if any, of the United States of America.

84  5. The collector shall advance the sums necessary to

85 pay for the publication of all advertisements required by

86 sections 141.210 to 141.810 and sections 141.980 to 141.1015

87 and shall be allowed credit therefor in the collector's

88 accounts with the county. The collector shall give credit

89 in such accounts for all such advances recovered by the

90 collector. Such expenses of publication shall be

91 apportioned pro rata among and taxed as costs against the

92 respective parcels of real estate described in the judgment;

93 provided, however, that none of the costs herein enumerated,

94 including the costs of publication, shall constitute any

95 lien upon the real estate after such sale.

1   141.560. 1. If, when the sheriff offers the

2 respective parcels of real estate for sale, there [be] are

3 no bidders for any parcel, or there [be] is insufficient
    CCS HCS SS SCS SB 973  57

4 time or opportunity to sell all of the parcels of real

5 estate so advertised, the sheriff shall adjourn such sale

6 from day to day at the same place and commencing at the same

7 hour as when first offered and shall announce that such real

8 estate will be offered or reoffered for sale at such time

9 and place.

10  2. With respect to any parcel of real estate not

11 located wholly within a county or municipality that has

12 established a land bank agency under section 140.981 or

13 141.980, in the event no bid equal to the full amount of all

14 tax bills due and owing on the parcel, which may differ from

15 the judgment amount; plus interest; penalties; attorney's

16 fees and costs; and a nonreimbursable, two-hundred-dollar

17 bidder fee that shall be received at such sale after any

18 parcel of real estate has been offered for sale on three

19 different days, which need not be successive, the land trust

20 shall be deemed to have bid the full amount of all tax bills

21 included in the judgment, interest, penalties, attorney's

22 fees and costs then due, and if no other bid be then

23 received by the sheriff in excess of the bid of the land

24 trust, and the sheriff shall so announce at the sale, then

25 the bid of the land trust shall be announced as accepted.

26 The sheriff shall report any such bid or bids so made by the

27 land trust in the same way as the sheriff's report of other

28 bids is made. Upon confirmation by the court of such bid at

29 such sale by such land trust, the collector shall mark the

30 tax bills so bid by the land trust as "cancelled by sale to

31 the land trust" and shall take credit for the full amount of

32 such tax bills, including principal amount, interest,

33 penalties, attorney's fees, and costs, on the collector's

34 books and in the collector's statements with any other

35 taxing authorities.
    CCS HCS SS SCS SB 973  58

36  3. With respect to any parcel of real estate located

37 wholly within a county or municipality that has established

38 a land bank agency under section 140.981 or 141.980, in the

39 event no bid equal to the full amount of all tax bills due

40 and owing on the parcel, which may differ from the judgment

41 amount; plus interest; penalties; attorney's fees and costs;

42 and a nonreimbursable, two-hundred-dollar bidder fee that

43 shall be received at such sale after such parcel of real

44 estate has been offered for sale on three different days,

45 which need not be successive, the land bank agency

46 established under section 140.981 or 141.980 shall be deemed

47 to have bid the full amount of all tax bills included in the

48 judgment, interest, penalties, attorney's fees and costs

49 then due, and the sheriff shall so announce at the sale,

50 then the bid of the land bank agency shall be announced as

51 accepted. The sheriff shall report any such bid or bids so

52 made by such land bank agency in the same way as the

53 sheriff's report of other bids is made. Upon confirmation

54 by the court of such bid at such sale by such land bank

55 agency, the collector shall mark the tax bills so bid by

56 such land bank agency as "cancelled by sale to the land

57 bank" and shall take credit for the full amount of such tax

58 bills, including principal amount, interest, penalties,

59 attorney's fees, and costs, on the collector's books and in

60 the collector's statements with any other taxing authorities.

1   141.570. The title to any real estate which shall vest

2 in any purchaser[,] upon confirmation of such sale by the

3 court, or in any land bank agency or land trust, shall be an

4 absolute estate in fee simple, subject to rights-of-way

5 thereon of public utilities on which tax has been otherwise

6 paid, and subject to any lien thereon of the United States

7 of America, if any, and all persons and interested parties,
   CCS HCS SS SCS SB 973   59

8 including the state of Missouri, any taxing authority or tax

9 district, as defined herein, judgment creditors,

10 lienholders, infants, incapacitated and disabled persons as

11 defined in chapter 475, and nonresidents who may have had

12 any right, title, interest, claim, or equity of redemption

13 in or to, or lien upon, such lands, shall be barred and

14 forever foreclosed of all such right, title, interest,

15 claim, lien or equity of redemption, and the court shall

16 order immediate possession of such real estate be given to

17 such purchaser; provided, however, that such title shall

18 also be subject to the liens of any tax bills which may have

19 attached after the sheriff's sale, but if such parcel of

20 real estate is deemed sold to the land trust pursuant to

21 subsection 2 of section 141.560, or deemed sold to a land

22 bank agency pursuant to subsection 3 of section 141.560, or

23 sold to a land bank agency pursuant to subdivision (2) of

24 subsection 2 of section 141.550, the title thereto shall be

25 free of any such liens to the extent of the interest of any

26 taxing authority in such real estate; provided further, that

27 the lien of special tax bills shall attach to the proceeds

28 of the sheriff's sale, if any, or shall otherwise be forever

29 barred and foreclosed.

1  141.580. 1. Within six months after the sheriff sells

2 any parcel of real estate, the court shall, upon its own

3 motion or upon motion of any interested party, set the cause

4 [down] for hearing to confirm or set aside the foreclosure

5 sale thereof, even though such parcels are not all of the

6 parcels of real estate described in the notice of sheriff's

7 foreclosure sale. Notice of the hearing, or of the court

8 moving to confirm the foreclosure sale, shall be sent by any

9 interested party to each person who was sent notice of the

10 sale and to any interested parties as required by prevailing
    CCS HCS SS SCS SB 973  60

11 notions of due process. At the time of such hearing, the

12 sheriff shall make report of the sale, and the court shall

13 hear evidence of the value of the property offered on behalf

14 of any interested party to the suit, and shall forthwith

15 determine whether an adequate consideration has been paid

16 for each such parcel. The court's judgment shall include a

17 specific finding that adequate notice was provided to all

18 interested parties under prevailing notions of due process

19 and sections 141.210 to 141.810 and sections 141.980 to

20 141.1015, reciting the notice efforts of the collector,

21 sheriff, and tax sale purchaser. Nothing in this section

22 shall be interpreted to preclude a successful tax sale

23 purchaser from asserting a claim to quiet title to the bid-

24 upon parcel under section 527.150.

25  2. For this purpose the court shall have power to

26 summon any city or county official or any private person to

27 testify as to the reasonable value of the property, and if

28 the court finds that adequate consideration has been paid,

29 the court shall confirm the sale and order the sheriff to

30 issue a deed to the purchaser. If the court finds that the

31 consideration paid is inadequate, the court shall confirm

32 the sale if the purchaser increases the purchaser's bid to

33 such amount as the court deems to be adequate and makes such

34 additional payment, or if all tax bills included in the

35 judgment, interest, penalties, attorney's fees and costs

36 then due thereon are not paid in full by one or more

37 interested parties to the suit. If the court finds that the

38 consideration is inadequate, but the purchaser declines to

39 increase the purchaser's bid to such amount as the court

40 deems adequate and make such additional payment, then the

41 sale shall be disapproved if all tax bills included in the

42 judgment, interest, penalties, attorney's fees and costs
    CCS HCS SS SCS SB 973  61

43 then due thereon are paid in full by one or more interested

44 parties to the suit, the lien of the judgment continued, and

45 such parcel of real estate shall be again advertised and

46 offered for sale by the sheriff to the highest bidder at

47 public auction for cash at any subsequent sheriff's

48 foreclosure sale. Unless the court requires evidence of the

49 value of the property conveyed to land trust or a land bank

50 agency, none shall be required, and the amount bid by the

51 land trust or such land bank agency shall be deemed adequate

52 consideration.

53  3. If the sale is confirmed, the court shall order the

54 proceeds [of] from the sale applied in the following order:

55  (1) To the payment of the costs of the publication of

56 the notice of foreclosure and of the sheriff's foreclosure

57 sale;

58  (2) To the payment of all of the collector's and

59 sheriff's costs including appraiser's fee and attorney's

60 fees;

61  (3) To the payment of all tax bills adjudged to be due

62 in the order of their priority, including principal,

63 interest and penalties thereon, except in the event of a

64 sale to any land bank agency, for which this subdivision

65 shall not apply.

66 If, after such payment, there is any sum remaining of the
67 proceeds of the sheriff's foreclosure sale, the court shall
68 thereupon try and determine the other issues in the suit in
69 accordance with section 141.480. If any answering parties
70 have specially appealed as provided in section 141.570, the
71 court shall retain the custody of such funds pending
72 disposition of such appeal, and upon disposition of such
73 appeal shall make such distribution. If there are not
    CCS HCS SS SCS SB 973  62

74 sufficient proceeds of the sale to pay all claims in any

75 class described, the court shall order the same to be paid

76 pro rata in accordance with the priorities.

77  4. If there are any funds remaining of the proceeds

78 after the sheriff's sale and after the distribution of such

79 funds as herein set out and no person entitled to any such

80 funds, whether or not a party to the suit, shall, within two

81 years after such sale, appear and claim the funds, the funds

82 shall be distributed to the appropriate taxing authorities,

83 except in partial opt-in counties, where the funds shall be

84 distributed to the school fund for the county.

85  5. Any county operating under the provisions of

86 sections 141.210 to 141.810 and sections 141.980 to 141.1015

87 may elect to allocate a portion of its share of the proceeds

88 toward a fund for the purpose of defending against claims

89 challenging the sufficiency of notice provisions under this

90 section.

91  6. Any interested party, other than the sheriff's sale

92 purchaser, who moves the court to set aside a sheriff's sale

93 after the issuance of a sheriff's deed made under the

94 provisions of sections 141.210 to 141.810 and sections

95 141.980 to 141.1015 shall be required to pay into the court

96 the redemption amount otherwise necessary under sections

97 141.420 and 141.530 prior to the court hearing any such

98 motion to set aside.

1   141.610. Each court administrator's or sheriff's deed

2 given pursuant to the provisions of the land tax collection

3 law shall be prima facie evidence that the suit and all

4 proceedings therein and all proceedings prior thereto [from

5 and], including assessment of the lands affected thereby and

6 all notices required by law were regular and in accordance

7 with all provisions of the law relating thereto. The court
   CCS HCS SS SCS SB 973  63

8 administrator or sheriff shall record its deed and shall

9 collect said recording fee at the time of sale.

1  141.620. 1. In addition to all amounts due on any tax

2 bill, including principal, interest, penalties, attorney's

3 fees, and costs, as now fixed by law, there shall be imposed

4 and charged as a part of the costs on each such tax bill a

5 suit penalty of five percent of the principal amount of the

6 tax bill to be due to the collector upon the filing of the

7 petition with the circuit clerk.

8  2. The collector shall set up a separate fund in the

9 collector's accounts to which the collector shall credit

10 such five percent suit penalties when paid, together with

11 all other penalties and costs recovered under this action,

12 and shall retain such portion thereof as may be needed for

13 the purpose of paying the expenses and costs required to be

14 advanced under sections 141.210 to 141.810, including

15 compensation to the delinquent land tax attorney, the

16 attorney's assistants, and stenographic and clerical help,

17 and funds for the costs of publication, notices, for court

18 costs, sheriff's expenses and other costs hereunder, and

19 shall transfer the remainder of such funds annually, on

20 January first of each year, to the land trust for the use

21 and expenses of the land trust. Where no land trust exists,

22 the collector shall retain the remainder of such funds.

1  141.680. 1. Except for partial opt-in counties, the

2 remedies and procedures set forth in sections 141.210 to

3 141.810 shall be the exclusive remedies and procedures

4 available for the collection of delinquent and back land

5 taxes in a county [electing] that elects to come under or

6 [which] that has come under their authority. Sections

7 141.210 to 141.810 shall not be affected nor infringed upon

8 by any other laws or parts of law in conflict herewith.
    CCS HCS SS SCS SB 973  64

9   2. Any taxing authority or owner of any tax bill is

10 hereby prohibited from advertising for sale or selling any

11 parcel of real estate for the collection of delinquent land

12 taxes due thereon, except after judgment of a court having

13 jurisdiction ordering such advertising or sale, when such

14 parcel is at such time included in any petition filed

15 pursuant to the provisions of this law.

16  3. At the option of the taxing authority or tax bill

17 owner, all claims for land taxes against any parcel of real

18 estate, which has been included in any petition filed under

19 this law, where such taxes have become due and payable after

20 any tax list or petition thereon has been filed, may be

21 asserted by amended petition or by answer filed before

22 judgment, and, if allowed by the court, shall be included in

23 the judgment against such parcel of real estate.

1   141.700. In all counties electing to operate under

2 sections 141.210 to 141.810 prior to January 1, 2025, there

3 is hereby created a commission for the management, sale, and

4 other disposition of tax delinquent lands, which commission

5 shall be known as "The Land Trust of ______ County,

6 Missouri", and the members thereof shall be known as land

7 trustees. Such land trust shall have and exercise all the

8 powers that are conferred by sections 141.210 to 141.810

9 necessary and incidental to the effective management, sale

10 or other disposition of real estate acquired under and by

11 virtue of the foreclosure of the lien for delinquent real

12 estate taxes, as provided in said sections, and in the

13 exercise of such powers, the land trust shall be deemed to

14 be a public corporation acting in a governmental capacity.

15 Where a county has elected to establish a land bank agency

16 under subsection 1 of section 140.981, no such land trust

17 shall be created under sections 141.700 to 141.810.
    CCS HCS SS SCS SB 973  65

1   141.819. 1. In all partial opt-in counties, prior to

2 a confirmation by a court of a deemed bid under subsection 2

3 of section 141.560, a land trust shall be created for the

4 management, sale, and other disposition of tax delinquent

5 lands, which shall be known as "The Land Trust of ______

6 County, Missouri", and the board of which shall be known as

7 land trustees. The county commission of such county shall

8 appoint by resolution or order one or three land trustees.

9 The first appointed land trustee shall serve for a term of

10 two years and the remaining land trustees shall serve for

11 terms of three years respectively, as applicable.

12 Thereafter, land trustees shall be appointed by the county

13 commission for a term of office of two years, except that

14 all vacancies shall be filled for an unexpired term.

15  2. If a county elected to establish a land bank agency

16 under subsection 1 of section 140.981, no such land trust

17 shall be created under sections 141.700 to 141.819.

18  3. Such land trust, by majority vote of the land

19 trustees, shall have the power and duty to sell, exchange,

20 or otherwise dispose of real estate, provided, however, that

21 any such sale, exchange, or disposal shall be for

22 consideration equal to or in excess of two-thirds of the

23 appraised value of such real estate so sold or conveyed, and

24 if such consideration is less than two-thirds of the

25 appraised value of such real estate, the land trust shall

26 first procure a majority vote of the county commission.

27  4. (1) The land trust shall set up accounts relating

28 to the operation and management of the land trust.

29  (2) When any parcel of real estate is sold or

30 otherwise disposed of by the land trust, the proceeds

31 therefrom shall be applied and distributed in the following

32 order:
    CCS HCS SS SCS SB 973  66

33  (a) To the payment of the expenses of sale;

34  (b) To the costs of the care, improvement, operation,

35 acquisition, demolition, management, and administration of

36 parcels of real estate owned by the land trust; and

37  (c) To the county's general fund.

38  5. No land trustee shall receive any compensation,

39 emolument, or other profit directly or indirectly from the

40 rental, management, acquisition, sale, demolition, repair,

41 rehabilitation, use, operation, ownership, or disposition of

42 any lands held by such land trust.

1   141.980. 1. (1) Sections 141.980 to 141.1015 shall

2 be known [and may be cited] as the "Chapter 141 Municipal

3 Land Bank Act".

4   (2) Any municipality located wholly or partially

5 within a county electing to operate wholly under the

6 provisions of sections 141.210 to 141.810 may establish a

7 land bank agency for the management, sale, transfer, and

8 other disposition of interests in real estate owned by such

9 land bank agency. Any such land bank agency created shall

10 be created to foster the public purpose of returning land,

11 including land that is in a nonrevenue-generating, nontax-

12 producing status to use in private ownership or for public

13 use. Such land bank agency shall be established by

14 ordinance or resolution as applicable. Such land bank

15 agency shall not own any interest in real estate that is

16 located wholly or partially outside such establishing

17 municipality. No municipality in a partial opt-in county is

18 eligible to establish a land bank agency under this section.

19  2. The beneficiaries of the land bank agency shall be

20 the taxing authorities that held or owned tax bills against

21 the respective parcels of real estate acquired by such land

22 bank agency pursuant to a deemed sale under subsection 3 of
    CCS HCS SS SCS SB 973      67

23 section 141.560, by deed from a land trust under subsection

24 1 of section 141.984, or pursuant to a sale under

25 subdivision (2) of subsection 2 of section 141.550 included

26 in the judgment of the court, and the beneficiaries'

27 respective interests in each parcel of real estate shall be

28 to the extent and in the proportion and according to the

29 priorities determined by the court on the basis that the

30 principal amount of the beneficiaries' respective tax bills

31 bore to the total principal amount of all of the tax bills

32 described in the judgment.

33  3. Each land bank agency created pursuant to this

34 chapter shall be a public body corporate and politic, and

35 shall have permanent and perpetual duration until terminated

36 and dissolved in accordance with the provisions of section

37 141.1012.

1   141.984. 1. Within one year of the effective date of

2 the ordinance or resolution passed establishing a land bank

3 agency under this chapter, title to any real property held

4 by a land trust created pursuant to section 141.700 that is

5 located wholly within the municipality that created the land

6 bank agency shall be transferred by deed to such land bank

7 agency.

8   2. The income of a land bank agency shall be exempt

9 from all taxation by the state and by any of its political

10 subdivisions. Upon acquiring title to any real estate, a

11 land bank agency shall immediately notify the county

12 assessor and the collector of such ownership, and such real

13 estate shall be exempt from all taxation during the land

14 bank agency's ownership thereof, in the same manner and to

15 the same extent as any other publicly owned real estate, and

16 upon the sale or other disposition of any real estate held

17 by it, such land bank agency shall immediately notify the
    CCS HCS SS SCS SB 973  68

18 county assessor and the collector of such change of

19 ownership; provided however, that such tax exemption for

20 improved and occupied real property held by such land bank

21 agency as lessor pursuant to a ground lease shall terminate

22 upon the first such occupancy, and such land bank agency

23 shall immediately notify the county assessor and the

24 collector of such occupancy.

25  3. Subject to the limitation set forth in subsection 1

26 of section 141.980, a land bank agency may acquire real

27 property or interests in property by gift, devise, transfer,

28 exchange, foreclosure, purchase, or [pursuant to sections

29 141.560 to 141.580 or section 141.819. A land bank agency

30 may only purchase real property for the purpose of adding to

31 a parcel already owned by the land bank agency] otherwise on

32 terms and conditions and in a manner the land bank agency

33 considers proper.

34  4. Subject to the limitation set forth in subsection 1

35 of section 141.980, a land bank agency may acquire property

36 by purchase contracts, installment sales contracts, and land

37 contacts, and may accept transfers from political

38 subdivisions upon such terms and conditions as agreed to by

39 the land bank agency and the political subdivision. Subject

40 to the limitation set forth in subsection 1 of section

41 141.980, a land bank agency may bid on any parcel of real

42 estate offered for sale at a sheriff's foreclosure sale held

43 in accordance with section 141.550. Notwithstanding any

44 other law to the contrary, but subject to the limitation set

45 forth in subsection 1 of section 141.980, any political

46 subdivision may transfer to the land bank agency real

47 property and interests in real property of the political

48 subdivision on such terms and conditions and according to

49 such procedures as determined by the political subdivision.
    CCS HCS SS SCS SB 973     69

50  5. A land bank agency shall maintain all of its real

51 property in accordance with the laws and ordinances of the

52 jurisdictions in which the real property is located.

53  6. Upon confirmation under section 141.580 of a

54 sheriff's foreclosure sale of a parcel of real estate to a

55 land bank agency under subdivision (2) of subsection 2 of

56 section 141.550, said land bank agency shall pay the amount

57 of the land bank agency's bid that exceeds the amount of all

58 tax bills included in the judgment, interest, penalties,

59 attorney's fees and costs then due thereon. Such excess

60 shall be applied and distributed in accordance with

61 subsections 3 and 4 of section 141.580, exclusive of

62 subdivision (3) of subsection 3 thereof. Upon such

63 confirmation by the court, the collector shall mark the tax

64 bills included in the judgment as "cancelled by sale to the

65 land bank" and shall take credit for the full amount of such

66 tax bills, including principal amount, interest, penalties,

67 attorney's fees, and costs, on the collector's books and in

68 the collector's statements with any other taxing authorities.

1   141.1009. 1. A land bank agency shall be authorized

2 to file an action to quiet title pursuant to section 527.150

3 as to any real property in which the land bank agency has an

4 interest. For purposes of any and all such actions, the

5 land bank agency shall be deemed to be the holder of

6 sufficient legal and equitable interests, and possessory

7 rights, so as to qualify the land bank agency as adequate

8 petitioner in such action.

9   2. Prior to the filing of an action to quiet title the

10 land bank agency shall conduct an examination of title to

11 determine the identity of any and all persons and entities

12 possessing a claim or interest in or to the real property.
    CCS HCS SS SCS SB 973    70

13 Service of the petition to quiet title shall be provided to

14 all such interested parties by the following methods:

15  (1) Registered or certified mail to such identity and

16 address as reasonably ascertainable by an inspection of

17 public records;

18  (2) In the case of occupied real property by first

19 class mail, addressed to "Occupant";

20  (3) By posting a copy of the notice on the real

21 property;

22  (4) By publication in a newspaper of general

23 circulation in the municipality in which the property is

24 located; and

25  (5) Such other methods as the court may order or as

26 may be required by prevailing notions of due process.

27  3. As part of the petition to quiet title the land

28 bank agency shall file an affidavit identifying all parties

29 potentially having an interest in the real property, and the

30 form of notice provided.

31  4. The court shall schedule a hearing on the petition

32 within ninety days following filing of the petition, and as

33 to all matters upon which an answer was not filed by an

34 interested party the court shall issue its final judgment

35 within one hundred twenty days of the filing of the petition.

36  5. A land bank agency shall be authorized to join in a

37 single petition to quiet title one or more parcels of real

38 property.

1   141.1020. Notwithstanding any provision of sections

2 141.980 to 141.1020 to the contrary, a land bank agency may

3 rent or lease property held by the land bank agency for

4 community, noncommercial, and agricultural uses.

1   249.255. 1. Should a public sewer district created

2 and organized pursuant to constitutional or statutory
    CCS HCS SS SCS SB 973     71

3 authority place a lien upon a customer's property for unpaid

4 sewer charges, the lien, once properly recorded, shall have

5 priority above all liens except for those taxes levied for

6 state and county purposes.

7   2. Should the sewer charges of a public sewer district

8 created and organized pursuant to constitutional or

9 statutory authority remain unpaid for a period in excess of

10 three months, the district, after notice to the customer by

11 certified mail, shall have the authority at its discretion,

12 to disconnect the customer's sewer line from the district's

13 line or request any private water company, public water

14 supply district, or any municipality supplying water to the

15 premises to discontinue service to the customer until such

16 time as the sewer charges and all related costs of this

17 section are paid.

1   407.3600. 1. For purposes of this section, the

2 following terms mean:

3   (1) "Residential real property", real property that is

4 improved by a building or other structure that has one to

5 four dwelling units;

6   (2) (a) "Wholesaler", a person or entity that for a

7 fee, commission, or other valuable consideration, or with

8 the intention, expectation, or upon the promise of receiving

9 or collecting a fee, commission, or other valuable

10 consideration, enters into a purchase contract for

11 residential real property either:

12  a. As the grantee, and assigns or novates the contract

13 to another person or entity; or

14  b. As the grantor, and, without holding legal title to

15 the real property, assigns or novates the contract to

16 another person or entity.

17  (b) "Wholesaler" shall not include:
    CCS HCS SS SCS SB 973  72

18  a. An individual who assigns or novates the contract

19 to another individual who is a relative within the third

20 degree of consanguinity or affinity; or

21  b. A person or entity that assigns or novates the

22 contract to a parent, affiliate, subsidiary, or affiliated

23 group under common control with the person or entity.

24  2. Not less than fourteen calendar days before

25 entering into a contract that transfers an interest in

26 residential real property, a wholesaler acting as a grantee

27 or a wholesaler's representative, if applicable, shall

28 provide to the record owner a written disclosure statement,

29 separate from the purchase contract or agreement, printed in

30 boldface type font size not less than twelve points, that

31 contains the following disclosure:

32  Missouri law requires a wholesaler acting as

33  a grantee, before entering into a contract or

34  agreement that conveys an interest in

35  residential real property, to provide certain

36  information to the record owner in a

37  conspicuous manner printed in boldface type

38  font size not less than twelve points.

39  Failure by a wholesaler to present or

40  complete this form shall be considered an

41  unlawful and unfair practice under the

42  Missouri Merchandising Practices Act. Any

43  person who enters into an agreement that

44  conveys an interest in residential real

45  property to a wholesaler acting as a grantee

46  without receiving this disclosure has a cause

47  of action against the wholesaler. A

48  wholesaler acting as a grantee is prohibited

49  from entering into a binding contract to

50  acquire an interest in residential real

51  property unless this statement is signed and

52  dated by the record owner of the property.
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53  The owner acknowledges that the person

54  presenting this document is a wholesaler, as

55  defined in section 407.3600 of the Revised

56  Statutes of Missouri, and that the owner is

57  advised to seek legal advice before entering

58  into any agreement or contract with the

59  wholesaler. A wholesaler is acting on the

60  wholesaler's own behalf and does not

61  represent the owner in this transaction. A

62  wholesaler enters assignable contracts with

63  owners and seeks to sell or assign the

64  wholesaler's interest for a profit. The

65  wholesaler may assign the wholesaler's

66  interest in the purchase contract to a third

67  party without the owner's consent before

68  closing. The wholesaler may charge a fee to

69  the third-party buyer separately for profit.

70  The agreed purchase price between the owner

71  and wholesaler may be below market value and

72  is conveyed voluntarily.

73  The owner acknowledges disclosure of the

74  information provided in this form by signing

75  and dating below:

76  _________ (Property owner signature) ___

77  (date)

78  _________ (Wholesaler signature) ___ (date).

79  3. A wholesaler acting as the grantee shall not enter

80 into a binding contract that transfers an interest in

81 residential real property until both the wholesaler and the

82 record owner of the property sign and date the disclosure

83 statement required under subsection 2 of this section.

84  4. If a wholesaler acting as the grantee fails to make

85 the disclosures pursuant to subsection 2 of this section

86 before entering into a binding contract that transfers an
     CCS HCS SS SCS SB 973  74

87 interest in residential real property, the record owner of

88 the residential real property may cancel the contract at any

89 time prior to the close of escrow without penalty and the

90 escrow or closing agent shall disburse any earnest money

91 paid by the wholesaler to the record owner within thirty

92 days after such cancellation.

93   5. Provisions of this section shall not be modified or

94 waived by any oral or written agreement. Any portion of an

95 agreement that is executed, modified, or extended after the

96 effective date of this section that modifies or waives any

97 provision of this section shall be null and void.

98   6. Any violation of this section shall be considered

99 an unlawful practice under the Missouri merchandising

100 practices act under this chapter. A party that enters into

101 an agreement without receiving the disclosures required

102 under subsection 2 of this section may bring a private

103 action against a wholesaler.

104  7. The attorney general shall have the authority to

105 enforce the provisions of this section. If the attorney

106 general finds that a violation occurred, the attorney

107 general may commence a civil action in a court of competent

108 jurisdiction. If the court finds that a violation occurred,

109 the court may grant damages, injunctive relief, attorney

110 fees, and any such other relief the court finds appropriate.

1    442.920. 1. This section shall be known and may be

2 cited as the "Missouri Residential Sale Leaseback Protection

3 Act".

4    2. For purposes of this section, the following terms

5 mean:

6    (1) "Buyer", any person or entity that acquires an

7 ownership interest in residential real estate in a sale

8 leaseback transaction;
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9   (2) "Residential real estate", real property that is

10 improved by a building or other structure that has one to

11 four dwelling units;

12  (3) "Sale leaseback", a transaction or series of

13 transactions in which a seller sells residential real estate

14 that is or was the seller's residence to another party and,

15 as a condition of the sale, or as part of the same or a

16 related transaction, enters into a lease or rental agreement

17 to remain in or re-occupy the property;

18  (4) "Seller", any natural person who transfers an

19 ownership interest in residential real estate in a sale

20 leaseback transaction.

21  3. (1) In any sale leaseback transaction, the buyer

22 shall provide the seller with the following disclosure on a

23 single page in a clear and conspicuous manner, printed in

24 boldface type:

25  If you sign a sale leaseback agreement, you

26  are entering into a contract to sell your

27  home. This means you will no longer own your

28  home.

29  You may be subject to eviction if you do not

30  follow the lease terms.

31  You may lose the right to buy back your home.

32  This may affect your credit, taxes, and legal

33  rights.

34  You are encouraged to speak with:

35  (1) An attorney;

36  (2) A real estate agent;

37  (3) A housing counselor;
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38  (4) A tax advisor; and

39  (5) A real estate appraiser.

40  No sale leaseback can be closed for at least

41  thirty (30) days after signing an agreement.

42  Do not sign unless you fully understand the

43  terms.

44  (2) The disclosure required by subdivision (1) of this

45 subsection shall be provided to the seller not less than

46 fourteen calendar days prior to execution of any sale

47 leaseback agreement, and the disclosures shall be signed by

48 both the seller and the buyer concurrently with the

49 execution of the sale leaseback agreement.

50  (3) A copy of the signed disclosure required by

51 subdivision (1) of this subsection shall be provided to the

52 seller within five days of the execution of the sale

53 leaseback agreement.

54  4. There shall be no delivery, recording, or other

55 transfer of title from seller to buyer until thirty days

56 after the execution of any sale leaseback agreement.

57  5. (1) Any violation of the provisions of this

58 section shall be subject to a civil penalty not to exceed

59 ten thousand dollars per violation.

60  (2) The attorney general may bring an action to

61 enforce this section, including actions for injunctive

62 relief, civil penalties, and restitution.

63  (3) Any seller harmed by a violation of this section

64 may bring a civil action to recover:

65  (a) Actual damages;

66  (b) Statutory damages of ten thousand dollars, which

67 shall be in addition to any actual damages proven;
    CCS HCS SS SCS SB 973  77

68  (c) Attorneys' fees and costs; and

69  (d) Equitable or injunctive relief.

70  6. No provision of this section shall be modified or

71 waived by any agreement. Any portion of an agreement that

72 is executed, modified, or extended after the effective date

73 of this section that modifies or waives a duty or remedy

74 under this section is void ab initio and unenforceable.

1   Section 1. In the event that any section, provision,

2 clause, phrase, or word of this act or the application

3 thereof is declared invalid under the Constitution of the

4 United States or the Constitution of the State of Missouri,

5 it is the intent of the general assembly that the remaining

6 sections of this act remain in force and effect as far as

7 they are capable of being carried into execution as intended

8 by the general assembly. The general assembly hereby

9 declares that it would have passed each section, provision,

10 clause, phrase, or word thereof, irrespective of the fact

11 that any one or more sections, provisions, clauses, phrases,

12 or words of this act or the application of this act would be

13 declared unenforceable, unconstitutional, or invalid.

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