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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