140.340. Redemption, when — manner. — 1. Upon paying the reasonable and customary costs of sale to the county collector for the use of the purchaser, his or her heirs, successors, or assigns; the owner; lienholder; or occupant of any land or lot sold for taxes, or any other persons having an interest therein, shall have the absolute right to redeem the same at any time during the one year next ensuing and shall continue to have a defeasible right to redeem the same until such time as the tax sale purchaser acquires the deed, at which time the right to redeem shall expire, provided upon the expiration of the lien evidenced by a certificate of purchase under section 140.410 no redemption shall be required.
2. The reasonable and customary costs of sale include all costs incurred in selling and foreclosing tax liens under this chapter, and such reasonable and customary costs shall include the following: the full sum of the purchase money named in the certificate of purchase and all the costs of the sale, including the cost to record the certificate of purchase as required in section 140.290, the fee necessary for the collector to record the release of such certificate of purchase, and the reasonable and customary cost of the title search and postage costs of notification required in sections 140.150 to 140.405, together with interest at the rate specified in such certificate, not to exceed ten percent annually, except on a sum paid by a purchaser in excess of the delinquent taxes due plus costs of the sale incurred by the collector, no interest shall be owing on the excess amount, with all subsequent taxes which have been paid thereon by the purchaser, his or her heirs or assigns with interest at the rate of eight percent per annum on such taxes subsequently paid, and in addition thereto the person redeeming any land shall pay the costs incident to entry of recital of such redemption; provided, however, that no costs incurred by tax sale purchasers in providing notice of tax sale redemption rights required by law shall be reimbursable as a reasonable and customary cost of sale unless such costs are incurred after March first following the date of purchase of the tax sale certificate by said tax sale purchaser at a first or second offering delinquent tax sale.
3. Upon deposit with the county collector of the amount necessary to redeem as herein provided, it shall be the duty of the county collector to mail to the purchaser, his or her heirs or assigns, at the last post office address if known, and if not known, then to the address of the purchaser as shown in the record of the certificate of purchase, notice of such deposit for redemption.
4. Such notice, given as herein provided, shall stop payment to the purchaser, his or her heirs or assigns of any further interest or penalty.
5. The reasonable and customary costs of sale needed to redeem any land or lot sold for taxes under this section shall be determined by the collector.
Notes of Decisions
Cited in
28
cases (
4 in the last 5 years), 1951–2024 · leading case:
Schlereth v. Hardy, 280 S.W.3d 47 (Mo. 2009).
Schlereth v. Hardy, 280 S.W.3d 47 (Mo. 2009).
· cites it 6× “Interest on the foregoing amounts from August 26, 2002, is not allowed under section 140.340 because no interest was stated in the certificate of purchase.”
Sneil, LLC v. Tybe Learning Ctr., Inc., 370 S.W.3d 562 (Mo. 2012).
· cites it 5× “This Court construes §§ 140.340 and 140.405 in pari materia and concludes that the proper meaningful and harmonious interpretation of the right to redeem in § 140.”
Harpagon Mo, LLC v. Bosch, 370 S.W.3d 579 (Mo. 2012).
· cites it 5× “340 has expired and notice is sent at least 90 days prior to the recording of the deed, the notice is timely.”
United Asset Mgmt. Trust Co. v. Clark, 332 S.W.3d 159 (Mo. Ct. App. 2011).
· cites it 4× “If the owner of record or any other publicly recorded claim on the property intends to transfer ownership or execute any additional liens or encumbrances on the property, such owner shall first redeem such property under section 140.340. The failure to comply with redeeming the…”
Glasgow Enter., Inc. v. Bowers, 196 S.W.3d 625 (Mo. Ct. App. 2006).
· cites it 2× “405 and the two-year period of redemption under section 140.340 had both passed, and that it was entitled under section 140.”
York v. Horner, 564 S.W.3d 641 (Mo. Ct. App. 2018).
· cites it 4× “At this point, due to the Horners' adverse possession of the disputed property, the Homers became parties with an interest in the tax delinquent land and were then entitled to redeem the land under Section 140.340, which they never did. York purchased Lot 15 at a third offering…”
Feinstein v. McGuire, 297 S.W.2d 513 (Mo. 1957).
· cites it 3× “Section 11145, RSMo 1939, Section 140.340 RSMo 1949, V.A.M.S. But Munday and Thielecke were not entitled to possession of the land until the lapse of one year from the date of sale.”
Kelly v. Nelson, 226 S.W.3d 882 (Mo. Ct. App. 2007).
· cites it 9× “On August 14, 2006, the circuit court granted the Kellys’ motion for summary judgment and denied the Nelsons’ motion for summary judgment.”
Hames v. Bellistri, 300 S.W.3d 235 (Mo. Ct. App. 2010).
· cites it 5× “Section 140.340 RSMo (Supp.2002). In Keylien, the court stated the correct redemption period for first or second offering sales: “Therefore, for a notice in a first or second offering tax sale to accurately inform the recipient of the right to redeem, the notice must indicate…”
Bank of New York v. Yonts, 388 S.W.3d 560 (Mo. Ct. App. 2012).
· cites it 3× “20-acre tract or to redeem that tract following the tax sale, see section 140.340, RSMo Cum. Supp.2004, it placed itself in a position where it cannot “do equity” by restoring the Yontses to the status quo.”
Campbell v. Siegfried, 823 S.W.2d 156 (Mo. Ct. App. 1992).
· cites it 2× “Defendants did not notify plaintiff either that they had purchased the property for delinquent taxes, or that they had requested a collector’s deed, or that she had the right to redeem the property pursuant to § 140.340, RSMo (1986). On November 13, 1989, plaintiff filed her…”
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