443.420. Notice of redemption--how given, rights.
Notice of redemption--how given, rights.
443.420. No party shall have the right of redeeming from anysuch sale as set forth in section 443.410 unless he shall havegiven the written notice specified in said section and shallwithin twenty days after such sale give security to thesatisfaction of the circuit court of the county in which the landis located for the payment of the interest on the debt orobligation secured by the mortgage deed of trust under which thesale is made to accrue within such year after the sale is made,and for the payment in full of the legal charges and costs of thesale, and for the payment of all interest accrued prior to thesale or thereafter which the purchaser at the sale or hisrepresentatives or assigns may pay on any prior encumbrance onthe land, as well as the interest which may accrue thereon duringsuch year allowed for redemption whether so paid or not and alltaxes and assessments and interest and costs thereon whethergeneral or special accrued or accruing during such year allowedfor redemption and whether paid by the purchaser at the sale ornot together with interest at rate of six percent per annum onall sums so paid by the purchaser or those claiming under him andfor damages for all waste committed or suffered by the partygiving such security or those claiming under him during such yearunless said property is so redeemed, and it shall be necessary topay for such redemption all such sums to which the purchaser orthose claiming under him should be entitled with interest asaforesaid. Said security shall be by bond executed by the personor persons so entitled to redeem with at least one good surety ina sum amply sufficient to cover the aggregate of all said sumsexclusive of the principal debt or obligation, but includingdamages and interest, to be so absolutely paid in eventredemption is not made and the aggregate of all such shall be themeasure of damages to be paid in satisfaction of said bond ifsuch redemption is not made.
(RSMo 1939 § 3451)Prior revisions: 1929 § 3064; 1919 § 2223; 1909 § 2830
(1951) Because §§ 443.420, 443.430 and 443.440 expressly provide, in the event a bond to redeem is posted, for the delivery to the purchaser of a certificate of sale, it implies that when redemptioner gives notice of his intention to redeem the trustee is not to deliver his trustee's deed to the purchaser pending the lapse of the twenty days allowed for the posting of the bond. Leone v. Bear, 362 Mo. 464, 241 S.W.2d 1008.
(1965) Validity of trustees sale is admitted by implication when statutory redemption procedure is begun. St. Bethel Missionary Baptist Church v. St. Louis Builders, Inc. (Mo.), 388 S.W.2d 776.