Title XXIX — OWNERSHIP AND CONVEYANCE OF PROPERTY

443.843. Fees to be established by director — rules authorized for assessment and collection. — 1. The expenses of administering sections 443.701 to 443.893, including investigations and examinations, shall be borne by and assessed against persons regulated by sections 443.701 to…

443.845. Residential mortgage licensing fund created — purpose — fees to be deposited in interest-bearing account to credit of fund — amount in fund subject to lapse into general revenue. — 1. There is hereby created in the state treasury the "Residential Mortgage Licensing Fund"…

443.849. Bonding requirements. — 1. Residential mortgage loan brokers shall deliver a surety bond to the director prior to the issuance or renewal of a license: (1) The surety bond shall provide coverage in an amount as prescribed in subsection 2 of this section; (2) The surety b…

443.855. Advertising of mortgage loans, rulemaking authority. — The director may prescribe rules governing the advertising of mortgage loans, including, without limitation, rules that advertising pursuant to sections 443.701 to 443.893 may not be false, misleading or deceptive. N…

443.857. Licensee shall maintain at least one full-service office with staff, duties to handle matters relating to mortgage — waiver, when. — Each residential mortgage loan broker shall maintain, in the state of Missouri, at least one full-service office with staff reasonably ade…

443.861. Transfer or sale of residential mortgage, notice to be given to mortgagor, contents. — Whenever the servicing of a residential mortgage is transferred or sold by a residential mortgage loan broker, notice shall be given to the mortgagor simultaneously with such transfer …

443.863. Unlawful discrimination for refusal to loan or vary terms of the loan. — It is unlawful discrimination to refuse loans or to vary the terms of loans or the application procedures for loans because of: (1) The borrower's race, color, religion, national origin, age, gender…

443.865. Escrow accounts, placement by brokers — authority for rules. — The director may promulgate rules with respect to placement in escrow accounts by any residential mortgage loan broker of any money, funds, deposits, checks or drafts entrusted to the residential mortgage loa…

443.867. Disclosure statement required of brokers, content — fee — compensation. — 1. Each residential mortgage loan broker shall disclose, within a loan brokerage disclosure statement and fee agreement with each borrower: (1) Whether the licensee makes loans; and (2) Whether the…

443.869. Powers and duties of director — rulemaking authority. — 1. The functions, powers and duties of the director shall include the following: (1) To issue or refuse to issue any license as provided in sections 443.701 to 443.893; (2) To revoke or suspend for cause any license…

443.871. Director may issue subpoenas and subpoenas duces tecum — authority to administer oaths. — The director may issue and serve subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of all books, accounts, records and other documents and…

443.873. Failure to comply with subpoenas, director may petition circuit court for compliance order, injunctive relief and other remedies authorized. — If any person does not comply with a subpoena or subpoena duces tecum issued or caused to be issued by the director, the directo…

443.875. Bond may be required, conditioned on compliance with subpoena, when. — When it appears to the director that the compliance with a subpoena or subpoena duces tecum issued or caused to be issued by the director pursuant to sections 443.871 to 443.877 is essential to an inv…

443.877. Writ of attachment authorized on failure to comply with subpoena. — In addition to the other provisions of sections 443.871 to 443.877, the director may seek a writ of attachment or an equivalent order from the circuit court having jurisdiction over the person who has re…

443.879. Reports required, failure to comply, penalty. — 1. In addition to any reports required pursuant to sections 443.701 to 443.893, every licensee shall file such other reports as the director shall request. 2. Any residential mortgage loan broker or any officer, director, e…

[Repealed or reserved.]

443.883. Director to maintain a staff capable of investigations — licensees to open record for investigators. — The director shall at all times maintain staff and facilities adequate to receive, record and investigate complaints and inquiries made by any person concerning section…

443.885. Report to be filed with director annually, contents. — On or before March first of each year, each residential mortgage loan broker, except exempt persons shall file a report with the director which shall disclose the following information with respect to the immediately…

443.887. General rulemaking powers of director. — 1. In addition to such other powers as may be prescribed by sections 443.701 to 443.893, the director may promulgate rules consistent with the purpose of sections 443.701 to 443.893, including, but not limited to: (1) Such rules i…

443.889. Court action to recover compensation for services, proof that services performed by valid licensee required, exception. — Unless exempt from licensure pursuant to the provisions of sections 443.701 to 443.893, no person engaged in, or offering to engage in, any act or se…

443.891. Charge in support of removal or prohibition notice issued on certain findings of conduct. — 1. Upon making any one or more of the following preliminary findings, the director may issue a notice of charges against a licensee in support of an order imposing a fine, requiri…

443.893. Receiver or conservator to be appointed by court, when — attorney general's duty. — When the director makes a finding that a receivership or conservatorship is necessary to protect consumers of a licensee from the consequences of the licensee's failure to comply with the…

443.901. Reverse mortgage act — definitions. — 1. Sections 443.901 to 443.912 shall be known and be cited as the "Missouri Reverse Mortgage Act". 2. For the purposes of sections 443.901 to 443.912 the following terms mean: (1) "Authorized lender" or "lender", a lender authorized …

443.903. Reverse mortgage regulations. — Notwithstanding any other provisions of law to the contrary, reverse mortgage loans shall be governed by the following: (1) Payment in whole or in part is permitted without penalty at any time during the period of the loan; (2) An advance …

443.906. Reverse mortgage may be made regardless of certain other transactions. — Reverse mortgage loans may be made or acquired without regard to the following provisions for other types of mortgage transactions: (1) Limitations on the purpose and use of future advances or any o…

443.909. Treatment of payments for certain purposes. — Reverse mortgage loan payments made to a borrower shall be treated as proceeds from a loan and not as income for the purpose of determining eligibility and benefits under means-tested programs of aid to individuals: (1) Undis…

443.912. Statement regarding counseling services on reverse mortgages. — No reverse mortgage loan commitment may be made by a lender unless the loan applicant attests in writing that the applicant received from the lender at the time of initial inquiry a statement regarding the a…

443.930. Prohibited acts — constitutes mortgage fraud — no private right of action created. — 1. It is unlawful for a person, in connection with the application for or procurement of a loan secured by real estate to: (1) Employ a device, scheme, or artifice to defraud; (2) Make a…

444.010. Mineral land owner to post conditions under which mining operations may be conducted thereon. — 1. When any person owning real estate in this state, or any person having a leasehold interest in such real estate for mining purposes by lease from the owner thereof, duly ac…

444.020. Failure to post statement of conditions, effect — rights of miners. — 1. Whenever any such owner or lessee of real estate shall permit any person or persons, other than their servants, agents, or employees, to enter and dig for lead ore or other minerals on such real est…

444.030. Tender of payment. — Any such person or persons who, by the permission or consent of the owner or lessee of any real estate, and having the right to mine thereon, and having entered and dug or mined thereon any lead ore or other mineral, shall have the right to the exclu…

444.040. Notice to owner or lessee. — If any person or persons having dug or mined lead ore or other mineral, and having the same in his or their possession, and having offered to deliver such mineral according to contract, or paid or tendered the royalty, if any, due thereon, or…

444.050. Ownership of ore. — All lead ore or other mineral, dug or mined in or upon lands of any person in this state, shall be deemed and held to be the absolute property of the owner or lessee of such lands, except in cases where it is modified, changed or transferred by expres…

444.060. Injunction or restraining order — how granted. — No injunction or restraining order shall be granted by any court or by any judge thereof to enjoin or restrain the working of any mine or mines, or in any manner to interfere with the same, except upon notice first being g…

444.070. Mining extending to adjoining lands, how determined. — When any owner, tenant or subtenant of a lot or lots or tracts of land, shall file with any associate circuit judge within the county in which said lot or lots or tract of land may be situated, his or her affidavit, …

444.080. Order to be read. — The surveyor shall, before entering upon said duty, read said order to the party or parties owning, controlling or working any shaft or shafts on said lot or lots or tract of land. ­­-------- (RSMo 1939 § 14790) Prior revisions: 1929 § 13600; 1919 § 7…

444.090. Refusal to permit survey — penalty. — If said party or parties owning, controlling or working said shaft or shafts on said lot or lots or tract of land shall refuse, hinder or prevent said county surveyor or his deputy and his assistant from entering said shaft or shafts…

444.100. Provisions for mining coal in certain cities. — No person, company or corporation shall hereafter sink a shaft, mine, tunnel, excavate or drift for coal, or take out any coal of any kind within the corporate limits or designated boundaries of any city, town or village in…

444.110. Notice of intention to mine — publication required. — 1. Every person, company or corporation desiring to carry on any of the mining operations provided for in section 444.100 shall give at least thirty days' notice of such intention by notice printed and published in so…

444.120. Permit from mayor and council — petition to circuit court. — On the day mentioned in such notice, the persons, company or corporation proposing to carry on such mining operations must have a permit, in writing, signed by the mayor and a majority of the city council of th…

444.130. Court to authorize mining operations, when — period of time specified. — The court may, upon such application, hear testimony upon all the matters involved in such application, including testimony upon the solvency and responsibility of the sureties offered, and may hear…

444.140. Form of bond required. — Such bond shall be signed by the proposers, and by not less than two sureties, to be approved by said court, residents of the county wherein such mining is to be carried on, and shall be made payable to the state of Missouri, and conditioned that…

444.150. Written permission of owner required — violation — provisions for payment of fine. — Any person or persons who shall in person or by their servant, agent or employee, dig, excavate, mine, tunnel or drift upon or under the lands or lots of another, within the corporate li…

444.160. Costs, paid by whom. — The costs attending the giving notice, making application and receiving mining privileges shall all be paid by the person, company or corporation making the same, and no such privilege shall take effect until all such costs be paid. ­­-------- (RSM…

444.170. Diagram showing character and extent of mining operations to be filed in court — forfeiture for failure to comply. — 1. At periodic times as directed by the circuit court, during the continuance of any mining license, every person, company or corporation carrying on such…

444.180. Certain sections apply only to coal mining companies. — In no case shall sections 444.100 to 444.170 be so construed as to apply to persons, companies or corporations engaged in mining for lead, zinc or other ores or minerals, except coal. ­­-------- (RSMo 1939 § 14802) …

444.320. Mining under public highways and railroads prohibited. — No person or persons, firm or association of persons, company or corporation shall, within this state, mine or excavate beneath the surface of any public highway or railroad right-of-way, in such manner as to cause…

444.330. Penalty for violation of section 444.320. — Any person, firm, company, association or corporation violating the provisions of section 444.320, and any officer, agent or receiver of any firm, company, association or corporation, or any member of the same, or any individua…

444.350. Citation of law. — Sections 444.352 to 444.380 may be known and cited as the "Metallic Minerals Waste Management Act". ­­-------- (L. 1989 H.B. 321 § 1)

444.352. Definitions. — As used in sections 444.352 to 444.380, the following words and terms shall mean: (1) "Beneficiation", the process of concentrating minerals from ore; (2) "Closure", those actions taken pursuant to a comprehensive plan to contain metallic mineral wastes on…