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Missouri deleted the two-year wait before a county tax foreclosure

Missouri deleted the two-year wait before a county tax foreclosure
Missouri · Legislation

Missouri deleted the two-year wait before a county tax foreclosure

What happened. Missouri deleted a two-year waiting period from its judicial tax-foreclosure machinery. Effective 28 August 2026, a partial opt-in county's collector no longer has to wait two years after a tax bill becomes delinquent before routing a parcel into the Chapter 141 land-tax process — the process that can extinguish junior liens, including a homeowners association's recorded assessment lien.1

The bill is Senate Bill 973 (2026), official designation CCS HCS SS SCS SB 973, sponsored by Senator Curtis Trent. The Governor signed it on 13 July 2026. It repeals 47 sections across Chapters 140, 141 and 249 and enacts fifty-one new ones.

The deletion

Section 141.230.2, as re-enacted, with the deleted matter in brackets:

“2. Alternatively, any county may, by adoption of a resolution or order of the county commission of such county, elect to operate under the provisions of sections 141.210 to 141.810 as a partial opt-in county. After adoption of any such resolution or order, the collector for such county may elect to operate under the provisions of sections 141.210 to 141.810 for any parcel [or parcels for which there is an unpaid tax bill for a period of at least two years after the date on which it became delinquent].”

The same deletion appears in the parallel land-tax-collection provision earlier in the act.

What stayed

Section 141.270 still requires a taxing authority or tax-bill owner to file with the collector “a list … of all parcels of real estate affected by tax liens held and owned by such taxing authority or person which have been delinquent for two years or more,” and provides that where a parcel is two or more years delinquent, “the other taxing authorities and other tax bill owners shall include in the said list all tax liens against the said parcel, even though the taxes are not two years delinquent.”

So the two-year concept survives in the list-filing mechanics. What was removed is the gate on the collector's own election to route a parcel into the process.

Why an association is affected

A homeowners or condominium association's assessment lien is generally junior to the real-property tax lien. A judicial land-tax sale under Chapter 141 is a proceeding that can extinguish junior liens.

Shortening the front end of that process shortens the window in which a board can notice the owner's delinquency, record its lien, file a claim in the land-tax suit, or decide whether to advance the taxes to protect its position. The county now controls that timing, and it can move faster than it could before 28 August 2026.

Land banks got broader at the same time

Per the official Senate summary, the act “expands geographic authority beyond city limits to county boundaries,” transfers land-bank director appointment authority to county executives, “removes requirements that land bank agencies verify buyers lack prior ownership connections,” and “eliminates restrictions on property purchases.”

For a board the practical question is who ends up owning the lot next door, and whether a land bank holding a parcel will pay assessments on it. This act does not answer that.

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The operational change is one line in the aging report

Add a tax-delinquency check to the monthly aging report, not the annual one, for any association in a county that has opted into the Chapter 141 process.

That sounds trivial. It is the whole defence. The failure mode here is not legal complexity; it is that a board discovers a parcel went through a land-tax sale after the fact, when a new owner appears and the association's lien is gone. Missouri county collectors publish delinquency data, and checking it monthly against the delinquent-assessment list is a manager task, not a lawyer task.

What to do when a match appears:

  1. Confirm the county's status. Chapter 141 applies in some Missouri counties by operation and in others by opt-in resolution. Whether your county is a partial opt-in county determines whether any of this is live for your parcels.
  2. Make sure the association's lien is recorded. An unrecorded claim is not a lien anyone in a land-tax suit has to notice. Missouri supplies no statutory lien for a non-condominium association; the declaration is the source, and recording is what makes it real against third parties.
  3. Get advice on appearing in the suit. Junior lienholders' rights in a Chapter 141 proceeding turn on notice and on filing an answer or claim. A board that receives notice of a land-tax suit and files it away has made a decision without knowing it.
  4. Price the option of advancing the taxes. Where the association's lien is substantial and there is equity, paying the delinquent taxes to stop the sale is sometimes the cheaper outcome. Whether the declaration authorises the board to advance taxes and add them to the owner's account is a document question to resolve before the situation arises, not during it.
  5. Know that a tax sale does not necessarily end the assessment obligation going forward. Extinguishing a lien for past assessments is a different thing from ending the new owner's obligation to pay assessments from the date of the deed. Those are separate questions and boards conflate them.

Community Improvement District assessments ride the same machinery

Worth knowing for any community inside a Community Improvement District overlay. Missouri re-enacted section 67.1521 in 2025, under which each CID special assessment “shall constitute a perpetual lien against each tract, lot or parcel of property from which it is derived,” collectible by the county collector on the annual real-estate tax bill and foreclosable “in the same manner as a tax upon real property by land tax sale under chapter 140 or, if applicable to that county, chapter 141.”

An unpaid CID assessment is therefore senior-flavoured and foreclosable through the tax-sale machinery — the same machinery this 2026 act just accelerated.

Two other provisions in the same act that touch associations obliquely

Senate Bill 973 also created section 442.920 (residential sale-leaseback disclosure, with 14-day and 30-day disclosure requirements and penalties up to $10,000 per violation) and section 407.3600 (a wholesaler disclosure obligation at least 14 days before contract, enforceable under the Merchandising Practices Act).

Neither imposes a duty on an association. Their value to a board is as an early-warning signal: an owner in a sale-leaseback or a wholesale flip is an owner whose assessment obligation is about to become somebody else's, and the new paperwork creates a dated record of the transition.

Section 442.920 also carries a non-waiver clause worth quoting, because it is unusually firm:

“6. No provision of this section shall be modified or waived by any agreement. Any portion of an agreement that is executed, modified, or extended after the effective date of this section that modifies or waives a duty or remedy under this section is void ab initio and unenforceable.”

Where this sits among the year's collection changes

Three enacted Missouri changes hit association collections in the same season, and all three point the same way.

  1. This act shortens the runway before a judicial tax sale that can extinguish a junior assessment lien, from 28 August 2026.
  2. House Bill 1870 raises the homestead exemption from $15,000 to $40,000 on 1 January 2027, with CPI indexing from 2029, quintuples the household-goods exemption, and narrows bank garnishment from 1 January 2028.
  3. The Uniform Mortgage Modification Act, effective 28 August 2026, lets a first mortgagee modify its loan and keep recorded priority without recording anything — so the senior lien's true size is no longer readable off the land records — while expressly excluding association assessment liens from the same protection.

Read together: the senior encumbrance is harder to measure, the judgment route is less productive, and the tax-sale route that wipes the association's lien got faster. The one improvement is House Bill 1870's debtor-examination provision, which from 1 January 2027 lets a judgment creditor move at any time, for the life of the judgment, to compel an examination under oath about assets.

A limit on what we verified

Senate Bill 973 rewrites 51 sections of Chapters 140, 141 and 249. We confirmed the two-year deletion in section 141.230 against the enacted text and relied on the official Senate summary for the land-bank changes. Anyone litigating tax-sale mechanics should read the full act; there may be further lien-priority or notice changes we did not isolate.

What to watch next

Which Missouri counties adopt partial opt-in resolutions now that the two-year gate is gone. The change makes opting in more attractive to a collector, and each adoption is a county commission resolution rather than a state-level event — so it will not be announced anywhere a board is likely to see it. Ask the county collector directly.

Related Missouri HOA Topics

← All Missouri HOA Topics

  1. CCS HCS SS SCS SB 973 (2026), truly agreed and finally passed text — § 141.230, RSMo and related sections
  2. SB 973 (2026) bill page and official Senate summary — land bank changes
  3. Missouri Senate, Governor's Action on Truly Agreed Bills, 2026 Regular Session
  4. SS #2 SCS HB 199 (2025), truly agreed text — § 67.1521, RSMo, Community Improvement District assessment liens

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