Summary
The Missouri Supreme Court affirmed summary judgment quieting title in favor of Edward and Nancy Bosch after determining that the tax-sale purchaser failed to provide timely notice of their redemption rights. The court held that a purchaser is authorized to acquire a collector’s deed one year after the tax sale, requiring notice at least 90 days before that date under section 140.405. Because notice was sent less than 90 days before the one-year redemption deadline, the purchaser did not comply with the statute.
Topics
Practice areas
Questions Presented
- When is a purchaser at a Missouri tax sale authorized to acquire a collector's deed for purposes of the 90-day notice requirement in section 140.405?
- Were the notices to the Bosches timely under section 140.405?
- Did the undisputed facts entitle the Bosches to summary judgment and quiet title?
Holdings
- A purchaser at a Missouri tax sale becomes authorized to acquire the deed exactly one year after the tax sale, when the owner's statutory one-year redemption period expires.
- The notices were untimely because they were sent less than 90 days before August 27, 2008, the date one year after the August 27, 2007 tax sale.
- If a purchaser obtains a collector's deed despite failing to provide timely or sufficient notice under section 140.405, the owner may petition to set aside the deed and recover possession of the property.
- The Bosches were entitled to summary judgment and quiet title because the material facts were undisputed and Harpagon's predecessor failed to provide timely notice.
Key quotations
“After reviewing all the provisions of chapter 140 covering this subject matter and harmonizing them, this Court concludes that a purchaser is authorized to acquire a deed to property purchased at a tax sale one year after the sale.” (584)
“Therefore, a purchaser must notify the owner of that property of the owner’s right to redeem at least 90 days prior to one year after the tax sale.” (585)
Factual background
Edward and Nancy Bosch failed to pay the real estate taxes on their property, which was sold at a second tax sale on August 27, 2007, to Sunrise Atlantic, LLC, Harpagon's predecessor. Sunrise's agent sent redemption notices on July 25, 2008, and Edward Bosch signed the return receipts on July 28, 2008. Harpagon obtained a collector's deed on November 3, 2008, and then sought to quiet title, but the circuit court determined that the notices were sent less than 90 days before the one-year redemption period expired.
Procedural history
The Bosches failed to pay real estate taxes, and Sunrise Atlantic, Harpagon's predecessor, purchased the property at a second tax sale. After receiving notices from the purchaser, the Bosches challenged the notices under section 140.405. The parties filed cross-motions for summary judgment, and the circuit court quieted title in favor of the Bosches, ordered reimbursement of Harpagon's tax payments plus interest, and overruled Harpagon's motion. The Supreme Court of Missouri granted transfer after a court of appeals opinion and affirmed.