Unrecorded Lien Survives Tax Sale

Missouri Constitution’s Hancock Amendment bars political subdivisions from levying a tax without voter approval, but a sewer district’s bill based on owner’s voluntary connection to the system is a fee, not a tax. Statutes generally extinguish inferior assessments upon a delinquent tax sale, but specifically give the sewer district’s bill the same priority as State and county tax, which are superior to all other liens, and exempt from recording requirements, even surviving a tax sale. Circuit court did not err in certifying judgment, resolving claims against all parties but one, for appeal.

Eclipse Property Development LLC, Appellant, vs. Fareed Ammari, et al., Respondents
(Overview Summary)
Missouri Court of Appeals, Eastern District – ED109298

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