This was Plantiff Brock’s (“Purchaser”) action to quiet title claimed via a Collector’s Deed after a third-offering delinquent tax sale, §§ 140.250-504, RSMo. Defendant Caldwell (“Owner”) held record title to Sikeston property (“Property”) and paid delinquent taxes for County Collector of $3,672.09 on August 28, 2006. Owner did not redeem and Collector Deed of Property to Purchaser was issued and recorded March 28, 2007. Purchaser demanded Owner vacate, then filed this action to quiet title and eject Owner. Trial court ruled for Owner and this appealed followed.
Held: Reversed and remanded with directions. Dispositive was that Purchaser failed to comply with notice required by §140.405 in that no purchaser affidavit was filed so that the 90-day redemption period was never commenced. This affidavit, when properly filed, shows of record Purchaser’s proper notice compliance and states the 90-day redemption period, but this was not done according to Purchaser’s sworn testimony. Accordingly, Purchaser was not entitled to a collector’s deed of the property.