Section 28 Mortgagee as Necessary Party

• Library: Tax Law 2009

In any litigation to enforce liens, whether general revenue or special tax bills, a mortgagee is a necessary party, and any subsequent judgment or decision is without impact on its interest. Mo. Real Estate & Loan Co. v. Gibson, 220 S.W. 675 (Mo. 1920). In certain instances, however, failure to identify a mortgagee will not necessarily result in the deed being set aside or cancelled, particularly when the plaintiff is attempting to rely on this type of defect in the defendant’s title and not on the...