Missouri Revised Statutes

Mo. Rev. Stat. § 140.330 (2026)

Suit to quiet title

✓ current as of May 2026

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140.330. Suit to quiet title — duty of court where title invalid. — 1. Any person holding any deed of lands or lots executed by the county collector for the nonpayment of taxes, may commence a suit in the circuit court of the county where such lands lie, to quiet his title thereto, without taking possession of such lands, and all parties who have, or claim to have, or appear of record in the county where such land or lot is situated, to have any interest in, or lien upon, such lands or lots, shall be made defendants in such suit, and no outstanding unrecorded deed, mortgage, lease or claim shall be of any effect as against the title or right of the complainant as fixed and declared by the decree made in such cause.

2. The court shall examine into the facts, and if upon the hearing of such cause it shall appear that the complainant's title was or is invalid for any cause, such suit shall not be dismissed by the court, but the court, in cases where the tax was due and unpaid, or where the complainant's title was invalid for defect or uncertainty of description shall ascertain the amount due the complainant, for principal and interest, to be computed at not to exceed ten percent per annum, and from whom due, and shall decree the payment thereof within a reasonable time by the owner of such land, the owner of any life estate therein, or any other person in possession as lessee thereof and owing such sum ascertained, and in default thereof shall direct that such leasehold, life estate and land or lot be sold therefor, and that the equity and right of redemption of all defendants in such suit, and all persons claiming under them shall be forever foreclosed.

3. In any such sale the rents and profits of said land for a term not exceeding seven years shall be first offered for sale and on failure to realize a sum sufficient to discharge said lien and cost of sale, then the interest of the person so adjudged to be owing the amount so ascertained shall be next offered for sale; on failure to realize therefrom a sum sufficient to discharge said lien and cost of sale then the life estate in such land together with the interest of the person adjudged to be owing the amount so ascertained shall be next offered for sale and on failure to realize a sum sufficient to discharge said lien and costs of sale, then, finally, the fee simple of such land shall be offered for sale. In case of the sale of such land or any part or parcel thereof or any interest therein, the sheriff shall upon the receipt of the purchase money execute to the purchaser a deed in fee simple, or a lease for the unexpired term of the interest so sold, as the case may be, and there shall be no redemption from any such sale, and the purchaser shall have the right of immediate possession of such land or lot.

4. At such sale if such land or any part or parcel thereof or any interest therein be sold for a sum in excess of the lien and cost, then such surplus shall be paid over to the person or persons lawfully entitled thereto as such rights are determined by the court in its decree in said cause.

5. If the court shall upon the hearing of such cause determine the title of the complainant to be valid it shall so decree. In all proceedings under this section, the rules of pleading, process and procedure, together with rights of appeal and proceedings on appeal, now or that may hereafter in this state be applicable to suits to quiet title, when not inconsistent with or contradictory to the provisions of this chapter, shall prevail. The remedies granted by this section and section 140.570 shall not be held exclusive but in addition to any applicable remedies now or hereafter existing.

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(RSMo 1939 § 11169)

Notes of Decisions

Cited in 17 cases (3 in the last 5 years), 1951–2023 · leading case: Bellistri v. Ocwen Loan Servicing, LLC, 284 S.W.3d 619 (Mo. Ct. App. 2009).

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Bellistri v. Ocwen Loan Servicing, LLC, 284 S.W.3d 619 (Mo. Ct. App. 2009). · cites it 4× “The Jones Munger Act, RSMo section 140.330, provides that one who acquires a collector’s deed may bring an action to quiet title, naming as defendants “all parties who have, or claim to have, or appear of record in the county where such land or lot is situated, to have an…”

Glasgow Enter., Inc. v. Bowers, 196 S.W.3d 625 (Mo. Ct. App. 2006). · cites it 3× “Plaintiff, a purchaser of real property at a delinquent tax sale pursuant to Chapter 140, filed a lawsuit to quiet title pursuant to section 140.330 RSMo (2000). 1 The petition named as defendants the record owners at the time of the tax sale and their mortgagee, along with an…”

Keylien Corp. v. Johnson, 284 S.W.3d 606 (Mo. Ct. App. 2009). · cites it 3× “See section 140.330 RSMo (2000). As an affirmative defense, Equity One alleged that plaintiffs predecessor, Sass, failed to comply with Missouri statutes governing tax sales in that Sass failed to provide timely notice to defendant of its right to redeem the property, and that,…”

Glasgow Enter., Inc. v. Brooks, 234 S.W.3d 407 (Mo. Ct. App. 2007). · cites it 2× “(Glasgow) and against the Brooks on Glasgow’s petition to quiet title to certain real property under Section 140.330. The Brooks argue that the trial court erred in entering its judgment because Glasgow failed to provide notice of the right to redeem the property to Mrs.”

York v. Horner, 564 S.W.3d 641 (Mo. Ct. App. 2018). · cites it 2× “1951) (noting that defendants in quiet title suit under Section 140.330 may have ability to redeem land or assert invalidity of tax deed), overruled on other grounds by Journey v.”

Brock v. Caldwell, 358 S.W.3d 542 (Mo. Ct. App. 2012). · cites it 2× “Eleven days later, Purchaser filed a two-count petition seeking a judgment quieting title to Property, as provided for in section 140.330, and for ejectment of Owner.”

Feinstein v. Cobur Corp., 721 S.W.2d 763 (Mo. Ct. App. 1986). · cites it 2× “” On July 24, 1979, Oscar Lohr commenced this litigation by filing suit against Pioneer, Thomas Powers, the trustee under the deed of trust, and Cobur Corporation to quiet title pursuant to § 140.330, RSMo.1969. A summary judgment in favor of defendants was reversed by this…”

Glasgow Enter., Inc. v. Rossel, 209 S.W.3d 498 (Mo. Ct. App. 2006). · cites it 2× “(Glasgow) appeals from a summary judgment entered by the trial court in favor of Gold Apple Investments, LLC, (Gold Apple) on Glasgow’s petition to quiet title to real property under Section 140.330. 1 Glasgow argues that the trial court erred in finding that Gold Apple was a…”

McMullin v. Carter, 639 S.W.2d 815 (Mo. 1982). “There plaintiff had purchased the subject real estate at a tax sale held under the provisions of the Jones-Munger act and then, as here, proceeded under § 140.330 of said act to file suit to quiet title to the property described in his deed.”

Pettus v. City of St. Louis, 242 S.W.2d 723 (Mo. 1951). “1939; §§ 140.330 and 140.570, R. S: 1949) of the Jones-Munger law (Laws 1933, pp.”

Lohr v. Cobur Corp., 622 S.W.2d 270 (Mo. Ct. App. 1981). · cites it 2× “On July 24, 1979, proceeding under § 140.330, RSMo 1978, plaintiff filed suit to quiet title to the property described in his deed.”

JD Wealth LLC v. U.S. Bank Nat'l Ass'n, ND (Mo. Ct. App. 2023). · cites it 8× “Bank maintains the trial court erred by misapplying Section 140.330 in permitting JD Wealth to dismiss U.”

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