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COLLECTOR’S DEED

If the property has not been redeemed during the one year redemption period, the holder of the Certificate of Purchase may apply for and receive a Collector's Deed to the property. A Collector's Deed can be issued to the Certificate of Purchase holder provided the following has occurred:

1.    The legal holder of the Certificate of Purchase is named as the original tax sale purchaser or the assignee on the original Certificate of Purchase; A title search on the property has been made by the purchaser and verification furnished to the collector;  

2.    A title search on the property has been made by the purchaser and verification furnished to the collector; Purchaser has provided an affidavit to the collector ninety days prior to requesting a collector's deed that the purchaser has done the following:  

3.    Purchaser has provided an affidavit to the collector ninety days prior to requesting a collector's deed that the purchaser has done the following:  

  • notified by certified mail the publicly recorded owner at the last known available address and anyone with a publicly recorded deed of trust, mortgage, lease, lien or claim upon the property, that they have ninety days to redeem said property or be forever barred from redeeming said property; and
  • provided to the collector verification for the above title search and certified mailings;
  • If the certified mail (sent pursuant to 3. A above) is returned unclaimed, the Missouri Supreme Court has instructed that, “some follow-up notice [is] required, whether by regular mail, posted notice calculated to notify the owner or service by a process server.” Schlereth v. Hardy, No. SC89402.’

4.    The certificate of purchase holder has notified the collector by affidavit that no publicly recorded deed of trust, mortgage, lease, lien, or claim exists; if the search revealed there are no lien holders or claimants; and Property liens, with the possible exception of a federal tax lien, are extinguished once a collector's deed is issued assuming compliance with notification(s) to lienholder(s) is proven;

5.    Property liens, with the possible exception of a federal tax lien, are extinguished once a collector's deed is issued assuming compliance with notification(s) to lienholder(s) is proven;

6.    The Certificate of Purchase has been surrendered to the collector; Appropriate fees have been paid to the collector including recording and collection fees;  

7.    Appropriate fees have been paid to the collector including recording and collection fees; All taxes that have accrued on the property have been paid.  

8.    All taxes that have accrued on the property have been paid.

Failure of the purchaser to obtain a Collector's Deed and place such deed on record in the proper county within two years from the tax sale shall result in the purchaser (or his assign) losing his lien on the property.

The collector's office makes every attempt to notify the interested parties; however, failure to receive notice(s) does not affect the legal time constraints for redeeming property or obtaining a Collector's Deed.

 

 

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