141.430. Publication of notice of foreclosure--form of notice (first class charter counties).
Publication of notice of foreclosure--form of notice (first classcharter counties).
141.430. 1. Upon the filing of such suits with the circuit clerk, thedelinquent land tax attorney shall forthwith cause a notice of foreclosure tobe published four times, once a week, during successive weeks, and on the sameday of each week, in a daily newspaper of general circulation regularlypublished in such county, qualified according to law for the publication ofpublic notices and advertisements.
2. Such notice shall be in* substantially the following form:
NOTICE OF FORECLOSURE OF LIENS FOR DELINQUENT
LAND TAXES, BY ACTION IN REM
Public notice is hereby given that on the ...... day of ......, 20.., theCollector of Revenue of ...... County, Missouri, filed a petition, being suitNo. ......, in the Circuit Court of ...... County, 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 thereal estate situated in such county, all as described in said petition.
The object of said suit is to obtain from the Court a judgmentforeclosing the tax liens against such real estate and ordering the sale ofsuch real estate for the satisfaction of said tax liens thereon (except liensin favor of the United States of America, if any), including principal,interest, penalties, attorneys' fees and costs. Such action is broughtagainst the real estate only and no personal judgment shall be enteredtherein.
The serial number assigned by the Collector to each parcel of realestate, a description of each such parcel, a statement of the total principalamount 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 theaforesaid petition, and the name of the last known person appearing on therecords of the collector in whose name said tax bills were listed or chargedfor the year preceding the calendar year in which the list described in saidpetition was filed with the collector, are, respectively, as follows: (Hereset out the respective serial numbers, descriptions, names, and statements oftotal principal amounts of tax bills, next above referred to.)
The total principal amounts of delinquent taxes set out in this notice donot include the lawful interest, penalties, attorneys' fees and costs whichhave accrued against the respective parcels of real estate, all of which ineach case is set out and itemized in the aforesaid petition.
Any person or taxing authority owning or holding any tax bill or claimingany right, title or interest in or to or lien upon any such parcel of realestate, must file an answer to such suit in the office of the Circuit Clerk ofthe aforesaid County, and a copy of such answer with the Delinquent Land TaxAttorney at the office of the Collector of Revenue of said County, on orbefore the .... day of ...., 20.., and in such answer shall set forth indetail the nature and amount of such interest and any defense or objection tothe foreclosure of the tax liens, or any affirmative relief he or it may beentitled 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 bypaying all of the sums mentioned therein, to the undersigned Collector ofRevenue, including principal, interest, penalties, attorneys' fees and coststhen due, at any time prior to the time of the foreclosure sale of such realestate by the sheriff.
In the event of failure to answer or redeem on or before the date hereinfixed as the last day for filing answer in the suit, by any person having theright to answer or redeem, such person shall be forever barred and foreclosedas to any defense or objection he might have to the foreclosure of such liensfor 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 ofsheriff's foreclosure sale, and thereafter there shall be no equity ofredemption 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 sofailing to answer or redeem as aforesaid, shall be forever barred andforeclosed of any right, title or interest in or lien upon or any equity ofredemption in said real estate.
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Collector of Revenue .......
County, Missouri
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Address.............................. Delinquent Land Tax Attorney .............................. Address .............................. First Publication: ..............................
(L. 1943 p. 1029 § 17, A.L. 1945 p. 1761)*Word "in" does not appear in original rolls.