334 S.W.3d 444
Mo.2011Background
- Bhatti failed to pay real estate taxes for 2005–2007 on a St. Louis property; the City Collector foreclosed under the MLRL and a tax sale occurred.
- Purchaser Lewis Mitchell Company bought the parcel at tax sale for $7,600; Bhatti was foreclosed and title vested in the City for disposition.
- Purchaser sought confirmation of sale; the circuit court confirmed with notices sent to Bhatti’s last-known address via first‑class mail.
- Bhatti moved to set aside the sale and confirmation, claiming he did not receive notices of the tax sale or the confirmation hearing.
- Circuit court held an evidentiary hearing; Bhatti testified he never received notices; court denied relief under Jones v. Flowers rationale.
- On appeal, Bhatti argued due process was violated; Missouri Supreme Court affirmed, holding no due process violation given lack of evidence that sheriff knew notices were ineffective.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether first-class mail notice satisfies due process here | Bhatti | Bhatti | No due process violation; notices sent to address were reasonably calculated |
| Whether the sheriff knew or should have known notices were ineffective | Bhatti | Bhatti | Not established; no evidence sheriff knew notices were ineffective |
| Whether additional notice steps were required under Flowers | Bhatti | Bhatti | Not required absent knowledge notices were ineffective |
| Whether the notice for the confirmation hearing was proper | Bhatti | Bhatti | Insufficient evidence of notice defect; no due process violation |
Key Cases Cited
- Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (U.S. 1950) (notice must be reasonably calculated to inform interested parties)
- Jones v. Flowers, 547 U.S. 220 (U.S. 2006) (government must take reasonable steps if notice is ineffective)
- Robinson v. Hanrahan, 409 U.S. 38 (U.S. 1972) (mailing to a residence not accessible to recipient may be insufficient)
- Schlereth v. Hardy, 280 S.W.3d 47 (Mo. banc 2009) (contextual limits on notice via mail when vacancy/access issues exist)
- Conseco Fin. Servicing Corp. v. Missouri Dept. of Revenue, 195 S.W.3d 410 (Mo. banc 2006) (state knowledge of abandonment affects adequacy of notice)