Missouri Laws 92.755 – Notice of foreclosure, how given, form
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1. Within thirty days after the filing of such suits with the circuit clerk, the collector shall forthwith cause a notice of foreclosure to be published four times, once a week, during successive weeks, and on the same day of each week, in a daily newspaper of general circulation regularly published in such city, qualified according to law for the publication of public notices and advertisements.
2. Such notice shall be in substantially the following form:
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| NOTICE OF FORECLOSURE OF LIENS FOR DELINQUENT LAND TAXES, BY ACTION IN REM | |
| Public notice is hereby given that on the ______ day of ______, 20______, the Collector of Revenue of ______, Missouri, filed a petition, being suit No. ______, in the Circuit Court of ______ Missouri, at ______ (stating the city), for the foreclosure of liens for delinquent land taxes (except liens in favor of the United States of America, if any) against the real estate situated in such city, all as described in said petition. | |
| The object of said suit is to obtain from the court a judgment foreclosing the tax liens against such real estate and ordering the sale of such real estate for the satisfaction of said tax liens thereon (except liens in favor of the United States of America, if any), including principal, interest, penalties, attorney’s fees and costs. Such action is brought against the real estate only and no personal judgment shall be entered therein. | |
| The serial number assigned by the collector to each parcel of real estate, a description of each such parcel, a statement of the total principal amount of all delinquent tax bills against each such parcel of real estate, all of which, as to each parcel, is more fully set out and itemized in the aforesaid petition, and the name of the last known person appearing on the records of the collector in whose name said tax bills were listed or charged for the year preceding the calendar year in which the list described in said petition was filed with the collector, are, respectively, as follows: | |
| (Here set out the respective serial numbers, descriptions, names and statements of total principal amounts of tax bills, next above referred to.) | |
| The total principal amounts of delinquent taxes set out in this notice do not include the lawful interest, penalties, attorney’s fees and costs which have accrued against the respective parcels of real estate, all of which in each case is set out and itemized in the aforesaid petition. | |
| Any person or taxing authority owning or holding any tax bill or claiming any right, title or interest in or to, or lien upon, any such parcel of real estate must file an answer to such suit in the office of the circuit clerk of the aforesaid city, and a copy of such answer with the collector of revenue at the office of the collector of revenue of said city, on or before the ______ day of ______, 20______, and in such answer shall set forth in detail the nature and amount of such interest and any defense or objection to the foreclosure of the tax liens, or any affirmative relief he and it may be entitled to assert with respect thereto. | |
| Any person having any right, title or interest in or to, or lien upon, any parcel of such real estate may redeem such parcel of real estate by paying all of the sums mentioned therein, to the undersigned Collector of Revenue, including principal, interest, penalties, attorney’s fees and costs then due, at any time prior to the time of the foreclosure sale of such real estate by the sheriff. | |
| In the event of failure to answer or redeem on or before the date herein fixed as the last day for filing answer in the suit, by any person having the right to answer or redeem, such person shall be forever barred and foreclosed as to any defense or objection he might have to the foreclosure of such liens for delinquent taxes and a judgment of foreclosure may be taken by default. Redemption may be made, however, up to the time fixed for the holding of sheriff’s foreclosure sale, and thereafter there shall be no equity of redemption and each such person having any right, title or interest in or to, or any lien upon, any such parcel of real estate described in the petition so failing to answer or redeem, as aforesaid, shall be forever barred and foreclosed of any right, title, or interest in, or lien upon, any equity of redemption in said real estate. | |
| __________________? | |
| Collector of Revenue | |
| ______, Missouri | |
| (Name of City) | |
| Address ______ | |
| __________________? | |
| Attorney | |
| __________________? | |
| Address | |
| __________________? | |
| First Publication | |
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Terms Used In Missouri Laws 92.755
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- United States: includes such district and territories. See Missouri Laws 1.020