Section 29 Tax Sales, Tax Judgments, and Tax Deeds

• Library: Tax Law 2009

In Powell v. County of St. Louis, 559 S.W.2d 189, 195 (Mo. banc 1977), the Court held that the “prudent purchaser who satisfies himself that the [tax] sale is regular in all other respects may be confident he is receiving a fully marketable title” and is immune from inadequacy of consideration arguments. See Bussen Realty Co. v. Benson, 159 S.W.2d 813 (Mo. banc 1942), for the prior rule and Proctor v. Nance, 119 S.W. 409 (Mo. 1909), for the argument that a tax deed grantee is not an innocent purchaser without notice.

See the discussion of Campbell v. Siegfried, 823 S.W.2d 156 (Mo. App. E.D. 1992), in §16.23 above. See also § 140.405, RSMo Supp. 2007, and compare Buck v. Leggett, 813 S.W.2d 872 (Mo. banc 1991), discussed in §16.23 above.

See Russo v. Kelm, 835 S.W.2d 568 (Mo. App. E.D. 1992), in which the court held that the statute, providing that no certificate of purchase of property at a tax sale shall issue until the purchaser is entitled to issuance and delivery of a collector’s deed upon completion of a...