Title XXIX, OWNERSHIP AND CONVEYANCE OF PROPERTY
8 chapters · 550 sections in this title.
§ 443.005 RSMo Security instrument defined
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443.005. Security instrument defined. — "Security instrument", as that term is used in this chapter, shall mean any mortgage, deed of trust or other real property security instrument securing the payment or satisfaction of any debt or other obligation. -------- (L. 1993 H.B. 10…
§ 443.010 RSMo Mortgage, assumption of upon purchase not construed to extend mortgage to other lands, when
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443.010. Mortgage, assumption of upon purchase not construed to extend mortgage to other lands, when. — Where, by any deed which shall be hereafter executed, two or more lots or tracts of land or interests in such shall be conveyed, and upon one or more of such tracts or lots the…
§ 443.020 RSMo Claim of such extension barred, when
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443.020. Claim of such extension barred, when. — Where heretofore such a deed has been executed containing such assumption or recitals, which might be claimed to fasten such mortgage or deed of trust or other encumbrance as a vendor's lien upon land other than that specifically c…
§ 443.030 RSMo Prior acknowledgment of deed of trust deemed valid
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443.030. Prior acknowledgment of deed of trust deemed valid. — That in the absence of fraud, every acknowledgment of a deed of trust conveying any real estate in this state, taken before the trustee in said deed named, at least one year prior to the date this section shall take e…
§ 443.035 RSMo Recording of instrument required — failure to record, effect on persons subsequently obtaining interest or lien
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443.035. Recording of instrument required — failure to record, effect on persons subsequently obtaining interest or lien. — 1. Security instruments may be assigned by instrument in writing, acknowledged by the assignor in the manner provided for the acknowledgment of other instru…
§ 443.055 RSMo Future advances may be secured, how — definitions — requirements — limitations — priorities — termination procedure, exceptions
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443.055. Future advances may be secured, how — definitions — requirements — limitations — priorities — termination procedure, exceptions. — 1. As used in this section, the following terms mean: (1) "Borrower", a person who is a mortgagor, deed of trust grantor, or debtor of any l…
§ 443.060 RSMo Acknowledgment of satisfaction and release, how made
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443.060. Acknowledgment of satisfaction and release, how made. — 1. If any mortgagee, cestui que trust or assignee, or personal representative of the mortgagee, cestui que trust or assignee, receive full satisfaction of any security instrument, he shall, at the request and cost o…
§ 443.070 RSMo Affidavit required with deed of release, when — penalty for failure
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443.070. Affidavit required with deed of release, when — penalty for failure. — Every person who shall execute a deed of release of a security instrument recorded prior to January 1, 1986, shall at the same time of making and delivering such release deed, make and deliver the aff…
§ 443.080 RSMo Satisfaction of mortgage, deed of trust or security instrument of railroad or utility, when entered
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443.080. Satisfaction of mortgage, deed of trust or security instrument of railroad or utility, when entered. — The trustee, or trustees, in any security instrument given or which may hereafter be given by a railroad company or other public utility company which is subject to the…
§ 443.090 RSMo Part of property may be released, how
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443.090. Part of property may be released, how. — In case any person desires to release any part of the property described in any security instrument recorded prior to January 1, 1986, by deed of release, he shall be permitted to do so by the recorder on presentation to the recor…
§ 443.100 RSMo Payment of one or more notes, how cancelled — memorandum on record — affidavit required, content, to be presented to recorder
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443.100. Payment of one or more notes, how cancelled — memorandum on record — affidavit required, content, to be presented to recorder. — In cases where a number of notes are named in any security instrument which was recorded prior to January 1, 1986, on payment of any one or mo…
§ 443.1001 RSMo Citation of law
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443.1001. Citation of law. — Sections 443.1001 to 443.1007 shall be known and may be cited as the "First-Time Home Buyer Savings Account Act". -------- (L. 2018 H.B. 1796)
§ 443.1003 RSMo Definitions
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443.1003. Definitions. — As used in sections 443.1001 to 443.1007, the following terms mean: (1) "Account holder", an individual who establishes an account with a financial institution that is designated as a first-time home buyer savings account in accordance with section 443.10…
§ 443.1004 RSMo Designation of first-time home buyer savings account, use of — qualified beneficiary — limitations on accounts — service fee
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443.1004. Designation of first-time home buyer savings account, use of — qualified beneficiary — limitations on accounts — service fee. — 1. Beginning January 1, 2019, any individual may open an account with a financial institution and designate the account, in its entirety, as a…
§ 443.1005 RSMo Use of account moneys — withdrawals, subject to recapture, when, penalties — death of account holder, effect of
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443.1005. Use of account moneys — withdrawals, subject to recapture, when, penalties — death of account holder, effect of. — 1. (1) For purposes of the tax benefit conferred under the first-time home buyer savings account act, the moneys in a first-time home buyer savings account…
§ 443.1006 RSMo Annual reporting, forms — rulemaking authority
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443.1006. Annual reporting, forms — rulemaking authority. — 1. The department shall establish forms for an account holder to annually report information about a first-time home buyer savings account including, but not limited to, how the moneys withdrawn from the fund are used an…
§ 443.1007 RSMo Financial institutions, actions not responsible or liable for
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443.1007. Financial institutions, actions not responsible or liable for. — 1. No financial institution shall be required to: (1) Designate an account as a first-time home buyer savings account or designate the beneficiaries of an account in the financial institution's account con…
§ 443.110 RSMo Partial release of certain mortgages, deeds of trust or security instruments made how — conditions — requirements
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443.110. Partial release of certain mortgages, deeds of trust or security instruments made how — conditions — requirements. — Whenever any security instrument heretofore or hereafter executed, providing for the issue of a series of notes or bonds aggregating one hundred thousand …
§ 443.120 RSMo Penalty for making false affidavit
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443.120. Penalty for making false affidavit. — Any person who shall swear falsely in making any of the affidavits provided for in sections 443.060, 443.070, 443.090 and 443.100 shall be deemed to be guilty of perjury, and on conviction, shall be punished as may be provided by law…
§ 443.130 RSMo Liability for failing to satisfy — demand by certified mail required
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443.130. Liability for failing to satisfy — demand by certified mail required. — 1. If the secured party, receiving satisfaction for the debt secured pursuant to this chapter, does not, within forty-five days after request and tender of costs, submit for recording a sufficient de…
§ 443.140 RSMo Attorney in fact may enter satisfaction
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443.140. Attorney in fact may enter satisfaction. — Any attorney in fact, to whom the money due on any security instrument is paid, shall have power to execute a release, as specified in section 443.060. Such deed of release, duly acknowledged and recorded, shall have the effect …
§ 443.150 RSMo Acknowledgment and satisfaction — how made by a corporation
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443.150. Acknowledgment and satisfaction — how made by a corporation. — Hereafter any president, vice president, secretary, treasurer or cashier of any corporation may, in the name and on behalf of such corporation, execute releases of any security instrument by release deed, wit…
§ 443.160 RSMo Personal representative may satisfy and deliver deed or release
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443.160. Personal representative may satisfy and deliver deed or release. — The personal representative of the holder or owner of any indebtedness secured by any security instrument, shall, if such indebtedness had been paid to the decedent in such decedent's lifetime, upon reque…
§ 443.170 RSMo Penalty for failing to acknowledge satisfaction and deliver deed of release
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443.170. Penalty for failing to acknowledge satisfaction and deliver deed of release. — If such personal representative, upon satisfactory proof produced to the personal representative of the payment of such indebtedness to the decedent, does not, within thirty days after request…
§ 443.180 RSMo Sections 443.160 and 443.170 construed
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443.180. Sections 443.160 and 443.170 construed. — Nothing contained in sections 443.160 and 443.170 shall be so construed as to make any executor or administrator liable to his decedent's estate for any indebtedness by mortgage or deed of trust, released by him in accordance wit…
§ 443.185 RSMo Releases of mortgages or deeds of trust defective — deemed valid, when
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443.185. Releases of mortgages or deeds of trust defective — deemed valid, when. — Any and all releases of mortgages and deeds of trust on lands in this state, securing the payment of any debt or obligation, which have been recorded in the office of the recorder of deeds in the c…
§ 443.190 RSMo Petition to foreclose, where filed
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443.190. Petition to foreclose, where filed. — All mortgagees of real estate or persons holding security interests in personal estate, including leasehold interests, when the debt or damages secured amount to fifty dollars or more, may file a petition in the office of the circuit…
§ 443.200 RSMo Petition, where filed
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443.200. Petition, where filed. — If any part of the property be real estate, the petition may be filed in any county where any part of the mortgaged premises is situated; if it be exclusively personal estate, it may be filed and proceeded with as in other civil actions. ------…
§ 443.210 RSMo Proceedings to be as in civil actions
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443.210. Proceedings to be as in civil actions. — The issue, service and return of summons and executions, and all proceedings under sections 443.010 to 443.440, shall be subject to and governed by the law regulating proceedings in civil suits, except as otherwise herein provided…
§ 443.220 RSMo Who may be made parties
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443.220. Who may be made parties. — Any person claiming an interest in the mortgaged property or collateral may, on motion, be made defendant to the proceedings, and may answer in avoidance or bar of the deed, security agreement, or debt or damages and issue shall be made and tri…
§ 443.230 RSMo Judgment on constructive notice
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443.230. Judgment on constructive notice. — When the mortgagor or debtor is not summoned, but notified by publication, and has not appeared, the judgment, if for the plaintiff, shall be that he recover the debt and damages, or damages, found to be due, and costs, to be levied of …
§ 443.240 RSMo Judgment on personal service
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443.240. Judgment on personal service. — When the mortgagor or debtor has been duly summoned, or appears to the action, the judgment, if for the plaintiff, shall be as in section 443.230 specified, with the addition that if the mortgaged property or collateral is not sufficient t…
§ 443.250 RSMo Proceedings where mortgagee, secured party, mortgagor or debtor dies
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443.250. Proceedings where mortgagee, secured party, mortgagor or debtor dies. — In case of the death of the mortgagee or the secured party or his assignee, or of the mortgagor or debtor, whether before or after action brought, the personal representative of the deceased party sh…
§ 443.260 RSMo Judgment when personal representative is party defendant
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443.260. Judgment when personal representative is party defendant. — When the personal representative of the mortgagor or debtor has been duly summoned, or appears to the action, the judgment, if for the plaintiff, shall be as before directed; and if, in such case, the mortgaged …
§ 443.270 RSMo Execution to be a special fieri facias
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443.270. Execution to be a special fieri facias. — The execution to be issued shall be a special fieri facias, in accordance with the judgment, and shall be executed and returned as executions in ordinary civil suits. -------- (RSMo 1939 § 3459) Prior revisions: 1929 § 3072; 19…
§ 443.280 RSMo Title which purchaser acquires
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443.280. Title which purchaser acquires. — A purchaser under a sale by virtue of an execution on a judgment rendered in pursuance of the provisions of sections 443.010 to 443.440 shall take a title as against the parties to the suit, but he shall not be permitted to set it up aga…
§ 443.290 RSMo Mortgages and security agreements with power of sale
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443.290. Mortgages and security agreements with power of sale. — All mortgages of real property or security agreements providing for a security interest in personal property, or both, with powers of sale in the mortgagee or secured party, and all sales made by such mortgagee, sec…
§ 443.300 RSMo Death of debtor, foreclosure stayed
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443.300. Death of debtor, foreclosure stayed. — If any person shall die owning real estate on which there is an outstanding deed of trust or mortgage of real estate, or having subjected personal property to a security interest with power of sale, shall die, no sale shall take pla…
§ 443.310 RSMo Sales, where made — number of days' notice
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443.310. Sales, where made — number of days' notice. — All sales of real estate under a power of sale contained in any mortgage or deed of trust executed after August 28, 1989, shall be made in the county where the land to be sold is situated, and not less than twenty days' notic…
§ 443.320 RSMo Notice, contents — how published
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443.320. Notice, contents — how published. — The notice required by section 443.310 shall set forth the date and book and page of the record of such mortgages or deeds of trust, the grantors, the time, terms and place of sale, and a description of the property to be sold, and sha…
§ 443.325 RSMo Individual notice of foreclosure sale — form of request for — recorder's duty — foreclosing part to give notice — release of security instrument, effect of — notice deemed given, when
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443.325. Individual notice of foreclosure sale — form of request for — recorder's duty — foreclosing part to give notice — release of security instrument, effect of — notice deemed given, when. — 1. Any person desiring notice of sale under any deed of trust or mortgage with power…
§ 443.327 RSMo Sale by trustee exercising powers under security instrument — times when sale may be held — places where sale may be held
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443.327. Sale by trustee exercising powers under security instrument — times when sale may be held — places where sale may be held. — The trustee exercising a power of sale granted in any security instrument may in the trustee's discretion set the time for sale at any commerciall…
§ 443.330 RSMo Trustee failing to execute trust, parties interested may proceed, how
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443.330. Trustee failing to execute trust, parties interested may proceed, how. — If any trustee in any deed of trust to secure the payment of a debt or other liability shall die, or has died, shall become or has become mentally incapacitated, shall remove or has removed out of t…
§ 443.340 RSMo Court to appoint sheriff or other suitable person, when — power and duties of trustee
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443.340. Court to appoint sheriff or other suitable person, when — power and duties of trustee. — If such court shall be satisfied that the facts stated in such affidavit are true, it shall make an order appointing the sheriff, or some other suitable person of the county, trustee…
§ 443.350 RSMo Foreign corporation or person not to act as trustee, unless domestic corporation or resident trustee be named as cotrustee — domestic corporation under no disability because articles do not contain specific power
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443.350. Foreign corporation or person not to act as trustee, unless domestic corporation or resident trustee be named as cotrustee — domestic corporation under no disability because articles do not contain specific power. — No foreign corporation or individual shall act as trust…
§ 443.355 RSMo Continuance of sale by trustee without readvertisement, manner — restrictions
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443.355. Continuance of sale by trustee without readvertisement, manner — restrictions. — 1. A trustee exercising a power of sale granted in any security instrument may, in his discretion, continue the sale without readvertisement or mailing additional notice by announcing or cau…
§ 443.360 RSMo Compensation of trustees under trust deeds
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443.360. Compensation of trustees under trust deeds. — As a compensation for his services, any person selling property at auction under any writing, instrument or deed made or executed for securing the payment of any debt shall receive a commission on the amount of sales not exce…
§ 443.370 RSMo Penalty for overcharging
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443.370. Penalty for overcharging. — Any person taking a larger compensation for his services, as aforesaid, shall be liable to any party interested in such writing, instrument or deed, in a sum double the amount taken for such services, recoverable by a suit in a court of compet…
§ 443.380 RSMo Recitals in deed prima facie evidence
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443.380. Recitals in deed prima facie evidence. — Whenever any real estate within this state shall have been or shall hereafter be sold by any trustee or mortgagee, or sheriff or other person acting as trustee, under a power of sale given in any mortgage or deed of trust, the rec…
§ 443.390 RSMo Trustee's deed not to be accepted by recorder in certain cities or counties unless unpaid notes are produced — duties of recorder
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443.390. Trustee's deed not to be accepted by recorder in certain cities or counties unless unpaid notes are produced — duties of recorder. — In all cities in this state which now have or which may hereafter have three hundred fifty thousand inhabitants or more and in all countie…