Missouri Revised Statutes

Mo. Rev. Stat. § 141.440 (2026)

Notice to persons named in petition

✓ current as of May 2026

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141.440. Notice to persons named in petition. — 1. The collector shall also cause to be prepared and sent by restricted, registered or certified mail with postage prepaid, within thirty days after the filing of such petition, a notice of the petition, to the persons named in the petition as being the last known persons in whose names tax bills affecting the respective parcels of real estate described in said petition were last billed or charged on the books of the collector, or the last known owner of record, if different, and to the addresses of said persons upon said records of the collector. The terms "restricted", "registered" or "certified mail" as used in this section mean mail which carries on the face thereof in a conspicuous place, where it will not be obliterated, the endorsement "DELIVER TO ADDRESSEE ONLY", and which also requires a return receipt or a statement by the postal authorities that the addressee refused to receive and receipt for such mail. If the notice is returned to the collector by the postal authorities as undeliverable for reasons other than the refusal by the addressee to receive and receipt for the notice as shown by the return receipt, then the collector shall make a search of the records maintained by the county, including those kept by the recorder of deeds, to discern the name and address of any person who, from such records, appears as a successor to the person to whom the original notice was addressed, and to cause another notice to be mailed to such person. The collector shall prepare and file with the circuit clerk at least thirty days before judgment is entered by the court on the petition an affidavit reciting to the court any name, address and serial number of the tract of real estate affected by any such notices of suit that are undeliverable because of an addressee's refusal to receive and receipt for the same, or of any notice otherwise nondeliverable by mail, or in the event that any name or address does not appear on the records of the collector, then of that fact. The affidavit in addition to the recitals set forth above shall also state reason for the nondelivery of such notice.

2. The collector shall prepare and send, by first-class mail, a copy of the petition within thirty days after the filing of such a petition to the occupant of such parcel or property.

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(L. 1943 p. 1029 § 18, A.L. 1949 p. 602, A.L. 1982 H.B. 1351, et al., A.L. 2024 H.B. 2062)

Notes of Decisions

Cited in 14 cases, 1954–2015 · leading case: Garzee v. Sauro, 639 S.W.2d 830 (Mo. 1982).

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Garzee v. Sauro, 639 S.W.2d 830 (Mo. 1982). · cites it 10× “There remains, however, the question of whether, as a matter of law, the notice of mail statute, § 141.440, RSMo 1978, requires that the collector comply with it.”

Melody FRYE, Respondent, v. Ronald J. LEVY, Dir., State of Missouri, Dep't of Soc. Servs., Child.’s Div., Appellant, 440 S.W.3d 405 (Mo. 2014). · cites it 4× “152 for written notification of an investigation’s outcome, if “good cause” exists. 4 The Children’s Division asserts that there is “good cause” to continue its investigation because it seeks to protect Missouri’s children.”

Melody Frye v. Ronald J. Levy, Dir., State of Missouri, Div. of Soc. Servs., Child.'s Div., 440 S.W.3d 425 (Mo. 2014). · cites it 4× “152 for written notification of an investigation’s outcome, if “good cause” exists. 4 The Children’s Division asserts that there is “good cause” to continue its investigation because it seeks to protect Missouri’s children.”

Foreclosure of Liens for Delinquent Land Taxes by Action in Rem ex rel. Dir. of Collections v. Holton, 428 S.W.3d 670 (Mo. Ct. App. 2014). · cites it 9× “The trial court found that the County “complied with, and exeeeded[,] the notice requirements of the Missouri Land Tax Collection Law (Mo.Rev.Stat. § 141.440) by sending notification of the court-ordered sale for delinquent taxes .”

Maximilian Investments, LLC v. Parcels of Land Encumbered With Delinquent Tax Liens, 190 S.W.3d 416 (Mo. Ct. App. 2006). · cites it 2× “It argues that the notice provisions of section 141.440 apply only to owners. It then cites to section 141.”

Brasker v. Cirese, 269 S.W.2d 62 (Mo. 1954). · cites it 3× “It is also true that plaintiffs claim they had no actual notice by mail of the filing of the foreclosure suit as contemplated by Sections 141.440 and 141.450, and no actual notice otherwise of either the foreclosure suit or the hearing to confirm the sheriff’s sale.”

Collector of Revenue ex rel. Dir. of Collections v. Parcels of Land Encumbered with Delinquent Land Tax Liens, 453 S.W.3d 746 (Mo. 2015). “They also challenged on the ground that they were entitled to individual notice when the County filed the tax foreclosure petition and when judgment was entered in that case under the notice provisions of sections 141.440 and 141.500, respectively.”

Garzee v. Sauro, 623 S.W.2d 579 (Mo. Ct. App. 1981). · cites it 4× “Mitchell, Director of the Department of Revenue of Jackson County, wherein it is stated that pursuant to § 141.440, a section of the “Land Tax Collection Act”, he caused to be prepared and mailed, postage prepaid, a notice in the form provided by statute of the filing of the…”

Ferguson v. Cnty. of Jackson, 688 S.W.2d 407 (Mo. Ct. App. 1985). “The petitions do not allege that the procedures of § 141.440 were not employed, but only that the plaintiffs were not served in person.”

Nigro Fam. P'ship, LP v. Frey, 328 S.W.3d 728 (Mo. Ct. App. 2010). · cites it 2× “Section 141.440 requires the collector to provide notice of the petition to sell parcels of land due to delinquent taxes by means of certified mail to the person named in the petition as being the last known person in whose name tax bills were charged, or the last known owner of…”

In Re Foreclosure of Liens for Delinquent, 328 S.W.3d 728 (Mo. Ct. App. 2010). · cites it 2× “Section 141.440 requires the collector to provide notice of the petition to sell parcels of land due to delinquent taxes by means of certified mail to the person named in the petition as being the last known person in whose name tax bills were charged, or the last known owner of…”

In re the Matter of Taryn Williams v. State of Missouri, Dep't of Soc. Servs., Child.'s Div., Child Abuse & Neglect Review Bd. (Mo. 2014). · cites it 2× “152 for written notification of an investigation’s outcome, if “good cause” exists. 4 The Children’s Division asserts that there is “good cause” to continue its investigation because it seeks to protect Missouri’s children.”

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