Does Phelps County sell properties which have delinquent taxes due?
Yes. The properties are auctioned once each year, on the fourth Monday in August; see RSMO 140.150.
Who is eligible to bid on tax sale properties?
If you are a Missouri resident, at least 18 years of age, and you provide the collector with an affidavit attesting that you owe no delinquent property taxes, then you are eligible to bid; the affidavit can be downloaded from this website. If you want to bid at the tax sale you should complete the bidder affidavit, have your signature notarized (most banks offer notary service for their customers), and bring this affidavit with you on the morning of the sale. You will be required to present your Missouri driver’s license or Missouri identification card on the morning of the sale. Non-Missouri residents have additional requirements; see RSMO 140.190. If you are bidding in the name of a business, you will also need to complete a Bidder Affidavit-Business form, have it notarized, and bring it with you on the date of the sale.
Do I become the owner of the property immediately or is there a waiting period?
There is a waiting period (redemption period), during which time the owner of the property can redeem (buy back) your interest in the property by paying to the Collector the amount of your original investment, any subsequent taxes you have paid, plus interest. This redemption money will be paid to you by the Collector, in exchange for your certificate of purchase; see RSMO 140.340. Upon paying the reasonable and customary costs of sale to the county collector for the use of the purchaser, his or her heirs, successors, or assigns; the owner; lienholder; or occupant of any land or lot sold for taxes, or any other persons having an interest therein, shall have the absolute right to redeem the same at any time during the one year next ensuing and shall continue to have a defeasible right to redeem the same until such time as the tax sale purchaser acquires the deed, at which time the right to redeem shall expire, provided upon the expiration of the lien evidenced by a certificate of purchase under section 140.410 no redemption shall be required. At least ninety days prior to the date when a purchaser is authorized to acquire the deed, the purchaser shall notify the owner of record and any person who holds a publicly recorded unreleased deed of trust, mortgage, lease, lien, judgment, or any other publicly recorded claim upon that real estate of such person’s right to redeem the property; see RSMO 140.405. NOTE: The tax sale purchaser is solely responsible for submitting all receipts to the Collector immediately upon completion of the title search and mailings in order to be reimbursed if the property is redeemed.
Do I need to register to become a bidder at the tax sale?
Yes. You or your agent can come in a week prior to register. Registration will be held in the Collector’s office in room 129 of the Phelps County Courthouse, 200 N. Main St, Rolla, MO. You will be required to present your Missouri driver’s license or Missouri identification card. Be sure to complete the bidder affidavit which is available on this website, have it notarized (most banks offer notary service for their customers), and bring it with you on the date of the sale. Completing the bidder affidavit in advance will make the sign-up process fast and easy; see RSMO 140.190. If you are bidding in the name of a business, you will also need to complete a Bidder Affidavit-Business form, have it notarized, and bring it with you on the date of the sale.
How do I buy tax sale properties?
The sale is a public, live auction. The properties will be offered in the order in which they appear in the newspaper publication. The minimum acceptable bid will be the amount of taxes and sale expenses due for the property. There is no upper limit on the amount which can be bid, and the highest bidder wins. The bidder, or his/her legally designated representative, must be present to participate; see RSMO 140.170.
How do I get a Collector’s deed for the property?
Before you are eligible to receive a Collector’s deed you must follow the procedures described in RSMO 140.405. This statute is confusing to most people so it is recommended that you consult an attorney to be sure you comply with this statute. Neither the Collector nor the employees of the Collector’s office are allowed to provide legal advice. Please consult your attorney.
How do I get a list of properties that will be offered?
Properties will be advertised in the legal notices section of the “Rolla Daily News” for three consecutive Wednesdays, one insertion weekly, before the sale, the last insertion to be at least fifteen days prior to the fourth Monday in August. The list will also be available on our website upon publication of the first ad, and will be available in the Collector’s office during the week immediately preceding the sale; see RSMO 140.170.
How many properties are offered at the Phelps County tax sale?
This number changes year by year. There could be anywhere from five to thirty-five properties available. Please note that many more properties are normally advertised in the first newspaper publication, but most will have paid their taxes by the date of the sale. Those properties will not be up for auction.
What form of payment is required of the successful bidder?
Cash, Cashier’s check, money order, check, or credit cards are accepted. Please note that there is a 2.4% fee on all credit card transactions. This fee does NOT go to the county.
What is a certificate of purchase?
The certificate of purchase is the document the tax sale purchaser receives as evidence of his/her interest in the property. Please do not lose this important document. If you purchase a property at the tax sale you should read the certificate of purchase when you receive it. There is important information in this document with which you should be familiar; see RSMO 140.290.
What properties are subject to sale at the tax sale?
All lands and lots on which taxes are delinquent and unpaid are subject to sale. In most Missouri counties, including Phelps County, properties can be offered when taxes are more than a year delinquent on the last business day in April and have not been paid in full by the day of the sale; see RSMO 140.150 and 140.160.
What rate of interest do I earn on my investment if the property is redeemed?
If your purchase is redeemed, the tax & costs portion of your original investment will earn simple interest at the rate of ten percent (10%) per annum. No interest will be paid on that portion of the investment which is in excess of the taxes & costs. Any subsequent taxes that you pay will earn simple interest at the rate of eight percent (8%) per annum; see RSMO 140.340.
When am I required to pay, if I am the successful bidder?
If you are a successful bidder, your payment will be due within two hours after all properties have been offered. Generally, all properties will have been offered by 12:00 Noon.
When and where is your tax sale held?
It begins at 10:00 A.M. on the fourth Monday in August each year. The sale is held in the Community Room of the Phelps County Courthouse, 200 N. Main St., Rolla, Mo; see RSMO 140.150 and 140.170.
When can the tax sale purchaser take possession of the property?
Possession prior to receiving a deed is described in RSMO 140.310. It is recommended that you consult with your attorney before attempting to enforce any rights granted to you under this section of the statutes.
Where do I pay for my purchase, if I am the successful bidder?
Payments are taken in the Collector’s office, room 129 of the Phelps County Courthouse. Please have the paperwork from the sale handy, so that the cashier will know for which property you are paying.