Missouri

General Procedures and Information

Method of Issuing Title Insurance

Title agents issue title insurance and related forms.

Foreclosures

Foreclosures are non-judicial in Missouri.

For specific questions, contact Missouri underwriting personnel.

References:

Related Bulletins: None.

Corporate Directory: Missouri Contacts.

Redemption Rights

Only limited redemption rights are available. If the holder of the debt purchases at Trustee's sale, the Grantor of the Deed of trust may redeem if written notice was given to the Trustee within 10 days before sale. RSMo 443.410

Survey Standards

Stewart Title Guaranty Company does not require a survey for deletion of the survey exception in loan policies on 1-4 residential properties and commercial properties with liabilities of $10 million or less. Residential properties are defined as subdivision lots or acreage tracts of twenty-five acres or less.

References
Related Bulletins:

MU000028   Survey Requirements - Loan Policies

MU000038   This Bulletin has been replaced by MU2007002.

Document and Form Information

Acknowledgments

These are the standard forms of acknowledgment:

  • MO Acknowledgment-Corporation-Seal 1 
  • MO Acknowledgment-Individual 1
  • MO Acknowledgment-Power of Attorney 1
  • MO Acknowledgment-Corporation No Seal 1

Conveyances

The customary form of conveyance is MO Deed-Warranty 1.

Other common forms of conveyance include the following:

  • MO Deed-Warranty (Corporation) 1
  • MO Deed-Warranty (General Joint Tenancy) 2
  • MO Deed-Warranty (Joint Tenancy) 1
  • MO Deed-Warranty (Special) 1
  • MO Deed-Quitclaim 1
  • MO Deed-Quitclaim (Corporation) 1

Witnesses are not required on conveyances in Missouri.

A conveyance executed and acknowledged in accordance with the laws of another state will be accepted for recordation in Missouri. Missouri Revised Statutes 442.150.

Recording Format

Recording Requirements

State of Missouri: Effective January 1, 2002

Paper:

8 l/2 x ll size
White or light-colored, 20# weight without watermarks or other visible inclusions
One or more pages printed on one side (no continuous forms)

Margins:

First Page: 3 inches of vertical space from left to right for recorders use
Minimum 3/4 margins on all sides and bottom

Addl. Pages: Minimum 3/4 margins on top, bottom and sides

Print or Type Size: No smaller than eight (8) point.

Attachments:

No attachment stapled or otherwise affixed to any page except as necessary to evidence compliance with statutory requirements (firmly attached label with bar code or return or return address is acceptable). Examples of these are certifications of mailing and publication notices.

Binding:

No permanent binding (may staple document together for presentation or recording).

Legibility:

Document must be sufficiently legible to produce a clear and legible reproduction.

Signatures:

All signatures shall be in black or dark ink, capable of legible reproduction and shall have the corresponding name typed, printed or stamped underneath the signature.

FirstPage Information:

Every document containing any of the items listed in this subsection that is presented for recording, except plats and surveys, shall have such information on the first page below the three-inch horizontal margin:

1. Title of document;
2. Date of the document;
3. All Grantors names indicated as grantor(s);
4.All Grantees names indicated as grantee(s);
5. Any statutory addresses;
6.The legal description of the property; and
7. Reference book andpages for statutory requirements, if applicable.

If there is not sufficient room on the first page for all of the information required by this subsection, the page reference within the document where the information is set out shall be clearly stated on the first page.

Releases/Satisfactions

The standard release or satisfaction form is MO Satisfaction of Mortgage 1.

References

Security Instruments

A deed of trust with private power of sale is the customary type of security instrument used in Missouri.

Witnesses are not required on deeds of trust executed in Missouri.

A deed of trust executed and acknowledged in accordance with the laws of another state will be accepted for recordation in Missouri. Missouri Revised Statutes 442.150.

St. Louis Notary Requirements

CITY OF ST. LOUIS

Notarized Signature Requirements

1. All Parties to a document- Both Grantor and Grantee- Must Have Their Notarized Signatures on the document (Chapter 5.152.030 St. Louis City Revised Code http://www.slpl.lib.mo.us/cco/code/data/t15152.htm ). Full Legal Name must be used. Deeds of Trust and Easements are exempt from Grantee signature requirement.

2. Under each signature, the party's name must be legibly typed or printed sufficient for preservation by microfilm and digital scanning and reproduction of a legible copy. The signature name and the name typed or printed must be the same, must be the full legal name.

3. The Notary Seal or Notary Stamp must be in black ink.

4. The Notary Seal or Notary Stamp must be imprinted under the Notary's signature and legible sufficient for preservation by microfilming and digital scanning and reproduction of a legible copy.

5. The Notary Seal or Notary Stamp must read, for example:

Jane Doe
Notary Public
Notary Seal
State of Missouri

6. The Notary's "Commission Expiration Date" must be clearly imprinted on the document from the Notary Seal or Notary Stamp and legible sufficient for preservation by microfilming and digital scanning and reproduction of a legible copy.

Title Insurance Form Regulations

Missouri requires that each policy form and endorsement to be used in any transaction be filed with the Director of the Division of Insurance. Stewart Title Guaranty Company has filed the standard ALTA policy forms and endorsements for use in Missouri along with some state specific endorsements.

References:

Forms List: Missouri Forms.

Fees, Rates and Taxes

Deed Transfer Taxes and Documentary Stamps

Missouri does not have a deed transfer tax.

References:

Related Bulletins: None.

Mortgage Transfer Taxes

Missouri does not have a mortgage tax.

Real Estate Taxes

Real estate/ad valorem taxes are paid on an annual basis in Missouri. Taxes are due on November 1st and considered delinquent after January 1st.

Recording Fees--Jackson County

Jackson County Recorder of Deeds Department Fees

Recording Real Estate Documents

Documents (deeds, etc.) first page $21.00
Additional Pages (each) $3.00
UCCReal Estate Filings (first page) $21.00
UCCReal Estate Filings (additional pages) $3.00
Federal Tax Lien $3.00
Federal Tax Lien Release $1.50
Partial Release of Tax Lien $1.50
Notice of Mechanic's Lien $15.25
Home School Declaration $14.25
Death Certificate (certified copy only) $18.00
County Business (with county ID) $13.25
Survey/Plat (small up to I 8x24) $41.00
Survey/Plat (large up to 24x36) $66.00
Military Discharge Free

 

Copy Desk

Document Copies (first page, per document) $2.00
Additional Pages (each) $1.00
Real Estate Document Certification (per document) $1.00
Marriage License $2.00
Certified Marriage License $10.00
Application For Marriage License $2.00
Survey/Plat Copy $5.00
UCC Terminations of Pre-July/2001 filings Free
Copy of Military Discharge* Free
*Authorized party must complete a form
UCC Search (includes first 10 copied pages) $8.00
UCC copies after 10 pages (each) $0.50


Marriage Licenses

Application Fee $48.00
Certified Copy $10.00


Checks should be made payable to: Department of Records

Kansas City Address:
415 E 12th Street, Room 104,
Kansas City, MO 64106

Independence Address:
308 W Kansas, Suite 104,
Independence, MO 64050

Recording Fees--St. Louis City

Saint Louis City Recorder of Deeds
Land Deed Recording Services
Requirements and Fees

 

Land Records Department
Call: (314) 622-3260
Visit: Room 126, City Hall
Mail:
Room 126, City Hall
1200 Market
St. Louis, MO 63103
Hours: 8 a.m. - 5 p.m., Monday - Friday, except holidays

Processing a document takes about 15 working days.

Reminder to Mail-In Customers: Enclose a Self-Addressed Stamped Envelope with Adequate Return Postage for return of your original document.

 

Fee Payment Method

Walk-In Customers:
Cash, Business Check, Cashier Check, Money Order
made out to- Recorder of Deeds.

Mail-in Customers:
Business Check, Cashier Check, Money Order
made out to- Recorder of Deeds.

No Personal Checks. As a convenience to customers, in July 2002 the Recorder of Deeds Office altered it's longstanding policy and began accepting personal checks. The result was many bounced checks in small amounts difficult to collect on. In August 2002, the Recorder again ceased accepting personal checks.

No Credit Card Payment. The Recorder of Deeds Office has been trying for years to get a vendor.

No ATM at City Hall. The Recorder of Deeds Office and other City Hall offices have been trying for years to get a vendor.

Escrow Spend-Down Account. As a convenience to customers conducting volume recording, a customer may establish an escrow spend down account with the Recorder. For more information, call the Recorder of Deeds Cashier Department at (314) 589-8177.


Recording Fees

Standard Deed: $23.00 First Page + $5.00 Each Additional Page
Nonstandard Deed: $48.00 First Page + $5.00 Each Additional Page

Standard Assignment: $23.00 First Page + $7.50 Each Additional Item
Nonstandard Assignment: $48.00 First Page + $7.50 Each Additional Item

Standard Margin Release: $21.00 First Item + $7.50 Each Additional Item
Nonstandard Margin Release: $46.00 First Item + $7.50 Each Additional Item

Plat, Survey of One Tract of Land - Recording Without Drawing -
One Sheet Not To Exceed 24" x 18": $21.00 for One Sheet

Plat, Survey of a Subdivision, Out lots, Condominiums - Recording With
Drawings and Calculations - Each Sheet Not To Exceed 24" x 18"
:
$57.00 Per Page of Drawings/Calculations + $10.00 Each Additional Page

 

Standard Page Format Requirements

Paper:

  1. 8.5" x 11"
  2. White or light colored
  3. Not less than 20 lb. weight
  4. No watermarks or visible inclusions
  5. No permanently bound, no continuous form
  6. No stapling or affixing attachments to any page except as necessary to comply with statutes

Type/Print:

  1. Black or dark blue ink
  2. Not less than 8 point type
  3. Printing on only one side of each page
  4. Must be legible sufficient for preservation by microfilming and digital scanning and reproduction of a legible copy.

Margins:

  1. First Page Must Have 3-Inch Blank Top Margin, must have three inches of vertical space from left to right that is void of any text, writing, graphic
  2. First Page Must Have Bottom Margin and Side Margins of ¾ Inch to 1 Inch
  3. Additional Pages Must Have Top, Bottom, Side Margins of ¾ Inch to 1 Inch

Exceptions to Page Format Requirements:

  1. Document signed prior to January 1, 2002
  2. Document executed outside the United States
  3. Document where an original party is deceased/incapacitated
  4. Judgment or other document formatted to meet court requirements
  5. Uniform Commercial Code recordings
  6. Federal and State Tax Liens and their Lien Releases

First Page Recording Requirements

  1. Affected property must be located in City of Saint Louis .
  2. Title/Type of document (example: General Warranty Deed, Quit Claim Deed) must be stated in the heading.
  3. Origination Date of document must be stated (example: "made on this 4th day of July, 2002").
  4. The Legal Names of all grantors and all grantees must be stated.
  5. The Mailing Address for each grantor must be stated.
  6. The Mailing Address for at least one grantor must be stated.
  7. The Legal Description of the property must be correct and complete, must include City Block Number and Lot Number.
  8. When a document refers to any previous recorded document, the new document must state the Book and Page Numbers or Date and Daily Numbers of the cited previous document.
  9. If there is not sufficient space on the First Page for all the aforementioned information, the First Page must include a citation for the Page Reference within the document, or the Exhibit or Attachment to the documents, where the required information is provided.

Miscellaneous Recording Requirements

  1. The Original Note and Deed of Trust must accompany a Release for a Deed of Trust recorded before 1986.
  2. Please call the St. Louis City Assessor's Office at (314) 622-3212 for information on Certificate of Value Requirement (Chapter 5.70 St. Louis City Revised Code http://www.slpl.lib.mo.us/cco/code/data/t0570.htm).

Notarized Signature Requirements

  1. All Parties to a document- Both Grantor and Grantee- Must Have Their Notarized Signatures on the document (Chapter 15.152.030 St. Louis City Revised Code http://www.slpl.lib.mo.us/cco/code/data/t15152.htm). Full Legal Name must be used. Deeds of Trust and Easements are exempt from Grantee signature requirement.
  2. Under each signature, the party's name must be legibly typed or printed sufficient for preservation by microfilm and digital scanning and reproduction of a legible copy. The signature name and the name typed or printed must be the same, must be the full legal name.
  3. The Notary Seal or Notary Stamp must be in black ink.
  4. The Notary Seal or Notary Stamp must be imprinted under the Notary's signature and legible sufficient for preservation by microfilming and digital scanning and reproduction of a legible copy.
  5. The Notary Seal or Notary Stamp must read, for example:

    Jane Doe
    Notary Public
    Notary Seal
    State of Missouri

  6. The Notary's "Commission Expiration Date" must be clearly imprinted on the document from the Notary Seal or Notary Stamp and legible sufficient for preservation by microfilming and digital scanning and reproduction of a legible copy.

Recording Fees: St. Louis County

Deeds

Price

Recording every Deed, UCC or Instrument:

 

   • First page.

$24.00

   • Each additional page.

$3.00

Non-Standard Formatting Fee (recording fee plus $25.00 penalty)

$49.00

Deed Copies

 

Copying any Recorded Instrument:

 

   • First page.

$2.00

   • Each additional page.

$1.00

Certification

$1.00

Plats

 

Recording a Plat of a Subdivision:

 

   • Up to the first three square feet.

$41.00

   • Each additional three square feet or fraction thereof.

$25.00

Recording a Survey Page (page is defined as 18" x 24"):

 

   • First page.

$21.00

   • Each additional page.

$5.00

Marriage License

 

Marriage License (Cash Only)

$45.00

Marriage Certificate (Certification)

$1.00

Affidavit (Parental Consent)

$1.00

Certified Copy of Marriage License or Application

$9.00

Non-Certified Copy of Marriage License or Application

$2.00

Authenticated Copy

$10.00

Certificate of No Record

$5.00

Miscellaneous Fees

 

Missouri Tax Lien

$3.00

Missouri Tax Lien Release

$1.50

Cemetery Reports

$5.00

Notice of Mechanics Lien

$16.50

Fire District Report

$5.00

Federal Tax Lien

$3.00

Federal Tax Lien Release

$1.50

Releases - Special Books

$16.60

Releases of Notice of Mechanics Lien

$16.50

Home School Declaration

$1.00

Underground Facilities

$5.00

Uniform Commercial Code (UCC)

 

UCC Request for Information (UCC-11 Form)

$8.00

UCC Copy Request (UCC-11 Form):

 

   • First ten pages.

$8.00

   • Each additional page.

$.50

Combination Information and Copy on same form:

 

   • First ten pages.

$16.00

   • Each additional page.

$.50

UCC Termination (Personal Property Only)

No Fee

Walk-in Copy Request for State Filing:

 

   • First page.

$2.00

   • Each additional page.

 

Title Insurance Rates

Please see link to Missouri Department of Insurance, Financial Institutions and Professional Licenses Bulletin.

 The Risk Rate is filed by Stewart Title Guaranty.

References:

Corporate Directory: Missouri Contacts.

References
Related Bulletins:

MO2007003   This Bulletin has been replaced by MO2008001.

Spousal Rights

Spousal Rights

There must be joinder of a spouse in all conveyances. RSMo474.150

Although Dower and Curtesy are no longer recognized, the spouse must join.

The Homestead statute provides:

RSMo 513.475. 1. ?.

2. Either spouse separately shall be debarred from and incapable of selling, mortgaging or alienating the homestead in any manner whatever, and every such sale, mortgage or alienation is hereby declared null and void; provided, however, that nothing herein contained shall be so construed as to prevent the husband and wife from jointly conveying, mortgaging, alienating or in any other manner disposing of such homestead, or any part thereof.

In most cases, joinder by spouses is required, regardless of whether one or both holds legal title. The only exception is a purchase money deed of trust but for specific authority, contact Missouri underwriting personnel.

The Missouri Supreme Court opinion Ethridge v Tierone Bank, SC87734, June 26, 2007, held as invalid a Deed of Trust from Husband as Grantor/Borrower when title was vested in Husband and Wife as Tenants by Entirety.  Verify that the Grantor/Borrower is both Husband and Wife and that both Husband and Wife execute the Deed of Trust in a Refinance when title is vested in both.

 

Statute Of Limitations

Statute of limitations

A judgment is a lien against all real estate owned by the judgment debtor in the county where the judgment is entered or in any county where the judgment is transcribed. (RSMo 511.350)

The judgment lien extends to real estate acquired after the judgment is entered or which was owned when the judgment was rendered. (RSMo 511.360)

The judgment lien continues for ten years, subject to revival for ten years, for any judgment rendered August 28, 1998. ( RSMo 511.360)

A judgment rendered before August 28, 1998 is a lien for three years, subject to revival for ten years.

Real Estate Practices

Attorney Involvement

Please describe any requirements under applicable state law for attorney, abstractor or other special professional involvement, for example, in the search, examination, opinion of title, signing, closing, disbursement, recording, preparation of documents, and/or policy-issuance.

An attorney is not required. A Licensed Missouri Producer must search, examine, close, record or handle any other aspects of closing and commitment and policy issuance. (License issued by the Missouri Dept. of Insurance, Financial Institutions and Professional Licensing: MO DIFP) RSMo 381.031.19

Cancellation/Commitment Fee

Does your state permit or require a cancellation fee or commitment fee upon cancellation?

A cancellation fee is permitted but not required. An Issuing Office may invoice for a cancellation fee at the time of commitment. There is no filed commitment fee.

Certificate of Release (of Mortgage)

If anyone other than the lender (such as a title agent, settlement agent, underwriter or attorney) has the authority to release the security instrument, please describe.

Only the lender may execute a Deed of Release.

Deeds

Please describe the kinds of deeds that are customary for commercial and residential transactions. Please describe the kinds of deeds that are generally not insurable.

A General Warranty Deed is customary for residential and commercial transactions. A Special Warranty Deed may be used for commercial transactions. A Quit Claim Deed or Special Warranty Deed may be insurable if approved by an underwriter after review of the title search.

Joinder of Spouses

If a non-title holding spouse is required to join in the execution of a deed or a security instrument, please describe. Any analogous rights, such as those in a civil union or equivalent, should also be addressed. 

A Non-Title Holding Spouse must execute any deed of conveyance or deed of trust. There is no civil union in Missouri.

Mortgage Tax

Is there a mortgage tax in your state? If yes, is it uniform across the state or does it vary? If it is uniform, please describe. 

None.

Payment Customs

Who customarily pays for:
(a) Owner’s Policy?
(b) Transfer Tax & Recording Fee?
(c) Survey Charges?
(d) Closing/Settlement Fees?

(a) Seller pays for the Owner’s policy in Western MO; Buyer pays for the Owner’s policy in Eastern MO.
(b) No Transfer tax in MO; Recording fees are paid by the Buyer for the deed, by the Borrower for the deed of trust, unless the contract specifies otherwise.
(c) Borrower pays for Survey if required by Lender. Buyer also pays for Survey if required for Buyer unless contract specifies otherwise.
(d) Closing fees generally split between Buyer and Seller.

Policy Countersignatures

What kinds of countersignatures, if any, are required to issue the policy? 

Licensed Missouri Producer must countersign the policy. Producer License issued by the MO Dept. of Insurance, Financial Institutions and Professional Licensing (DIFP)
Both Resident and Non-Resident Producer Licenses are issued.

Real Estate Taxes

Please describe the general tax year, due dates, and delinquency dates, including lien dates and payment cycle.

State and County: Tax Year is the calendar year. Taxes are due November 1 of the current tax year, delinquent December 31 of the current tax year.

Search and Examination Fees

Is it permissible and/or customary to charge a separate search and/or examination fee, and under what circumstances? If your jurisdiction is all-inclusive, please state that.

It is customary (and required in residential transactions) to disclose and charge a separate Title Service Charge which includes search and examination. Missouri is not an al- inclusive jurisdiction. We are prohibited from quoting an all- inclusive charge for residential transactions; the charges must be broken down between the Filed Risk Rate for the premium and the Title Service Charge.

Search Requirements

Is there a minimum period of time for a title search required: (a) by state law, (b) pursuant to marketable record title acts, or (c) by any other applicable title examination standards (e.g., state bar association)? Please respond to each category. If a minimum search period exists for any category, please state it.

Search must be made at a Registered Title Plant (a set of geographically indexed records registered with the DIFP) unless a search from the plant cannot be obtained at a reasonable cost in a reasonable time. The Plant must contain records which encompass at least the most recent forty-five years. RSMO 381.031.22. (A) The minimum required by state law is a search from a 45-year plant; (B) no marketable record title act; marketable title determined by case law and Title Standard; (C) Title Examination Standard of The Missouri Bar is 45 years but the base title required will generally exceed 45 years.

Security Instruments (Deed of Trust vs. Mortgage)

Please describe the customary and permissible form(s) of security instruments used in your state. 

Who can be listed as the trustee on the Deed of Trust (e.g., residency and/or natural person requirements, etc.)? Can an underwriter or title agent be designated as the trustee, and, if so, is it customary?

Deed of Trust only. The trustee must be a MO resident individual over the age of 18 or a MO corporation. If a non-resident individual or foreign corporation is named as trustee, a MO resident individual or MO corporation must be added as co-trustee.

An underwriter or a title agent could qualify as a trustee if it is a MO corporation. By custom, an attorney who is a resident of Missouri is usually named trustee. The lender/beneficiary selects the trustee.

Standard Exceptions and Requirements

Please identify the standard exceptions and requirements that are customarily used in your state.

The STG national standard exceptions are used in Missouri. They are:

Rights or claims of parties in possession not recorded in the Public Records.

Easements or claims of easements not recorded in the Public Records.

Any discrepancies, conflicts or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of the improvements.

Any lien, or right to a lien, for services, labor, material or equipment, heretofore or hereafter furnished, imposed by law and not recorded in the Public Records.

Taxes or assessments which are not recorded as existing liens in the Public Records.

Some issuing offices or agents add requirements. Some do not. If requirements are added, they are specific to the commitment and transaction (e.g., require a copy of the operating agreement of the LLC; require payment and release of a Deed of Trust; require execution and recording of the deed of trust to be insured).

State-specific Policy Variations

If there are state-specific changes to the provisions in the ALTA policies (e.g., Arbitration, Minerals), please describe.

Mandatory arbitration is prohibited in Missouri. The filed Arbitration Endorsement should be included with each policy.

Title Insurance Form and Filing Regulations

Please describe the form and/or rate filing requirements, if any, related to policies and endorsements. Please describe any applicable rating bureau. 

Commitment, policy and endorsement forms must be filed with the DIFP by the Insurer. There is no rate service organization. The Insurer files its Premium/Risk Rate for policies and endorsements with the DIFP. Title service charges made by the issuing agent are not filed. No “all-inclusive” rates or charges may be made.
See Regulations at http://sos.mo.gov/adrules/csr/current/20csr/20c500-7.pdf

Transfer Taxes

Is there a transfer tax in your state? If yes, is it uniform across the state or does it vary? If it is uniform, please describe.

None.

Usury

Is usury coverage available?

Not available.

Withholding Taxes

What are your state’s requirements, if any, with regard to withholding proceeds from a sale, similar to but not including FIRPTA?

Not applicable.

Witness Requirements

Are witnesses required on a deed or security instrument? If so, please describe.

No witnesses required.

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