Harpagon Mo, LLC v. Bosch
2012 Mo. LEXIS 113
| Mo. | 2012Background
- Bosches failed to pay 2005-06 real estate taxes on 3535 Northeast 49th Terrace; second tax sale occurred in 2007 with Sunrise Atlantic LLC as purchaser and certificate of purchase issued August 27, 2007.
- Vesta Holdings, Sunrise’s agent, mailed redemption notices on July 25, 2008, signed July 28, 2008, stating 90 days to redeem and compliance with §140.405.
- Harpagon, as Sunrise’s successor, presented the certificate October 31, 2008 and received a collector’s deed on November 3, 2008.
- Bosches answered and moved to dismiss, arguing Sunrise failed to comply with §140.405; the circuit court granted Bosches summary judgment.
- Dispute centers on when a purchaser becomes authorized to acquire the deed and thus when notice to redeem must be given under §140.405.
- Court held that a purchaser is authorized to acquire the deed one year after the sale, requiring 90-day notice before that date; Sunrise’s notices were untimely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When is the purchaser authorized to acquire the deed? | Bosches: 90 days before the one-year end of redemption. | Harpagon: 90 days before recording of the deed. | Authorized one year after sale; 90-day notice required before that date. |
Key Cases Cited
- Boston v. Williamson, 807 S.W.2d 216 (Mo.App.1991) (notice timing depends on when purchaser is authorized to acquire the deed)
- Drake Dev. & Constr. LLC v. Jacob Holdings, Inc., 306 S.W.3d 171 (Mo.App.2010) (timing of notice prior to deed acquisition)
- Cedar-Bridge, LLC v. Eason, 293 S.W.3d 462 (Mo.App.2009) (notice requirements under §140.405)
- United Asset Mgmt. Trust Co. v. Clark, 332 S.W.3d 159 (Mo.App.2010) (interpretation of notice timing)
- Sneil, LLC v. Tybe Learning Center, Inc., 370 S.W.3d 562 (Mo.banc 2012) (overview of chapter 140 conflicts and timing)