reglab/housing_qa huggingface dataset:
MO Rev Stat § 428.105 (2021)
2021 Missouri Revised Statutes|Title XXVII - Debtor-Creditor Relations|Chapter 428 - Fraudulent Conveyances and Liens|Section 428.105 - Definitions.

Effective - 28 Aug 1996   428.105. Definitions. — 1. For the purposes of sections 428.105 to 428.135:  (1) "Court" is the United States Supreme Court, Federal Courts of Appeal, Federal District Courts, Federal Magistrates, Federal Administrative Courts, Missouri supreme court, Missouri courts of appeal, Missouri circuit courts, and Missouri associate circuit courts but shall not include municipal courts;  (2) "Filing officer" is the secretary of state, the recorder of deeds of any county, the circuit clerk of any county or any public official or authorized employee required by law to accept for filing and keep as a public record any lien, deed, instrument, judgment or other document, whether in paper, electronic or other form, required to be filed or recorded under the laws of this state;  (3) "Nonconsensual common law lien" is a document that purports to assert a lien against the assets, real or personal, of any person and that, regardless of any self-description:  (a) Is not expressly provided for by a specific state or federal statute;  (b) Does not depend upon the consent of the owner of the property affected or the existence of a contract for its existence; and  (c) Is not an equitable or constructive lien imposed by a state or federal court of competent jurisdiction.  2. Nothing in sections 428.105 to 428.135 shall be construed to create a lien or interest in property not otherwise existing under state or federal law.  3. Nothing in sections 428.105 to 428.135 shall be construed to permit a municipal court to create a lien or interest in property not otherwise existing under state or federal law. ­­-------- (L. 1996 S.B. 869 § D-1)
MO Rev Stat § 428.110 (2021)
2021 Missouri Revised Statutes|Title XXVII - Debtor-Creditor Relations|Chapter 428 - Fraudulent Conveyances and Liens|Section 428.110 - Filing officer may reject lien, exceptions — filing officer to accept notice of invalid lien, when.

Effective - 28 Aug 1996, 2 histories   428.110. Filing officer may reject lien, exceptions — filing officer to accept notice of invalid lien, when. — 1. Any filing officer may reject for filing or recording any nonconsensual common law lien. This section shall not be construed to permit rejection of a document that is shown to be authorized by contract, lease or statute or imposed by a state or federal court of competent jurisdiction or filed by a licensed attorney, a financial institution including, but not limited to, any commercial bank, savings and loan association or credit union or a Missouri state licensed mortgage company or mortgage broker.  2. If a nonconsensual common law lien has been accepted for filing, the filing officer shall accept for filing a sworn notice of invalid lien on a form provided by the filing officer signed and submitted by the person against whom such lien was filed or such person's attorney. The form shall be captioned "Notice of Invalid Lien" and shall state the name and address of the person on whose behalf such notice is filed, the name and address of the lien claimant and a clear reference to the document or documents the person believes constitute a nonconsensual common law lien. A copy of the notice of invalid lien shall be mailed by the filing officer to the lien claimant at the lien claimant's last known address within one business day. No filing officer, county or the state shall be liable for the acceptance for filing of a nonconsensual common law lien, nor for the acceptance for filing of a sworn notice of invalid lien pursuant to this subsection. ­­-------- (L. 1996 S.B. 869 § D-2)
MO Rev Stat § 428.115 (2021)
2021 Missouri Revised Statutes|Title XXVII - Debtor-Creditor Relations|Chapter 428 - Fraudulent Conveyances and Liens|Section 428.115 - Lien claimant may petition court, procedure.

Effective - 28 Aug 1996   428.115. Lien claimant may petition court, procedure. — Any person who attempts to file a lien against real or personal property that is rejected pursuant to subsection 1 of section 428.110 may petition the circuit court of the county of the filing officer that rejected such lien for an order, which may be granted ex parte, directing the filing officer to file or record the lien pending a hearing on whether the lien constitutes a nonconsensual common law lien. The lien claimant shall appear before the court as the petitioner within ten business days following the date of service of the petition and order on the filing officer, and show cause, if any, why the lien should not be declared void and other relief provided for by section 428.125 should not be granted. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the petitioner's attorney setting forth a concise statement of the facts upon which the claim for relief is based. ­­-------- (L. 1996 S.B. 869 § D-3)
MO Rev Stat § 428.120 (2021)
2021 Missouri Revised Statutes|Title XXVII - Debtor-Creditor Relations|Chapter 428 - Fraudulent Conveyances and Liens|Section 428.120 - Petition to declare lien invalid, procedure.

Effective - 28 Aug 1996   428.120. Petition to declare lien invalid, procedure. — Any person who has real or personal property or an interest therein, which is subject to a recorded nonconsensual common law lien, who believes such lien is invalid, may petition the circuit court of the county in which the lien has been recorded or filed for an order, which may be granted ex parte, directing the lien claimant to appear before the court within ten business days following the date of service of the petition and order on the lien claimant, and show cause, if any, why the claim of lien should not be declared void and other relief provided for by section 428.125 should not be granted. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the petitioner's attorney setting forth a concise statement of the facts upon which the claim for relief is based. ­­-------- (L. 1996 S.B. 869 § D-4)
MO Rev Stat § 428.125 (2021)
2021 Missouri Revised Statutes|Title XXVII - Debtor-Creditor Relations|Chapter 428 - Fraudulent Conveyances and Liens|Section 428.125 - Contents of order — remedies — copy of order to be filed.

Effective - 28 Aug 1995   428.125. Contents of order — remedies — copy of order to be filed. — 1. Any order rendered pursuant to section 428.115 or 428.120 shall clearly state that if the lien claimant fails to appear at the time and place noted, the claim of lien shall be declared void ab initio and released and that the lien claimant shall be ordered to pay the costs incurred by any other party to the proceeding, including reasonable attorney's fees.  2. If, following a hearing on the matter, the court determines that the document at issue is a nonconsensual common law lien, the court shall issue an order declaring the lien void ab initio, releasing the lien and awarding costs and reasonable attorney's fees to the prevailing party.  3. If the court determines that the claim of lien is valid, the court shall issue an order so stating and may award costs and reasonable attorney's fees to the prevailing party.  4. A certified copy of any order rendered pursuant to this section shall be filed by the circuit clerk in the office of the appropriate filing officer. ­­-------- (L. 1996 S.B. 869 § D-5)
MO Rev Stat § 428.130 (2021)
2021 Missouri Revised Statutes|Title XXVII - Debtor-Creditor Relations|Chapter 428 - Fraudulent Conveyances and Liens|Section 428.130 - Filing officers not liable.

Effective - 28 Aug 1996   428.130. Filing officers not liable. — Filing officers and any employees thereof, acting in the scope of employment, shall not be liable for damages pursuant to sections 428.105 to 428.125 and, except as otherwise provided by law, shall not be required to defend decisions to accept or reject any documents. ­­-------- (L. 1996 S.B. 869 § D-6)
MO Rev Stat § 428.135 (2021)
2021 Missouri Revised Statutes|Title XXVII - Debtor-Creditor Relations|Chapter 428 - Fraudulent Conveyances and Liens|Section 428.135 - Liability for filing or recording certain documents.

Effective - 28 Aug 1996   428.135. Liability for filing or recording certain documents. — Any person who records or files in the office of a filing officer:  (1) Any document purporting to create a nonconsensual common law lien against real or personal property; or  (2) A notice of invalid lien pursuant to subsection 2 of section 428.110 with respect to a valid lien and which the filer knew to be false at the time of filing; ­­shall be liable to the damaged party for actual damages or five thousand dollars, whichever is greater plus costs and reasonable attorney's fees. ­­-------- (L. 1996 S.B. 869 § D-7)
MO Rev Stat § 429.005 (2021)
2021 Missouri Revised Statutes|Title XXVII - Debtor-Creditor Relations|Chapter 429 - Statutory Liens Against Real Estate|Section 429.005 - Certain agreements to waive rights under this chapter are unenforceable — exception.

Effective - 28 Aug 1992   429.005. Certain agreements to waive rights under this chapter are unenforceable — exception. — 1. An agreement by an original contractor, subcontractor, supplier or laborer to waive any right to enforce or claim any lien authorized under this chapter, where the agreement is in anticipation of and in consideration for the awarding of a contract or subcontract to perform work or supply materials for an improvement upon real property, whether expressly stated or implied, is against public policy and shall be unenforceable. The provisions of this section shall not prohibit subordination or release of a lien authorized under this chapter.  2. Nothing contained in this section shall be construed to prohibit contractual provisions requiring lien waivers as a condition for payment. ­­-------- (L. 1992 H.B. 982 § 1)
MO Rev Stat § 429.014 (2021)
2021 Missouri Revised Statutes|Title XXVII - Debtor-Creditor Relations|Chapter 429 - Statutory Liens Against Real Estate|Section 429.014 - Lien fraud, penalties — claim against original contract, when.

Effective - 01 Jan 2017, 2 histories   429.014. Lien fraud, penalties — claim against original contract, when. — 1. Any original contractor, subcontractor or supplier who fails or refuses to pay any subcontractor, materialman, supplier or laborer for any services or materials provided pursuant to any contract referred to in section 429.010, 429.012 or 429.013 for which the original contractor, subcontractor or supplier has been paid, with the intent to defraud, commits the offense of lien fraud, regardless of whether the lien was perfected or filed within the time allowed by law.  2. A property owner or lessee who pays a subcontractor, materialman, supplier or laborer for the services or goods claimed pursuant to a lien, for which the original contractor, subcontractor or supplier has been paid, shall have a claim against the original contractor, subcontractor or supplier who failed or refused to pay the subcontractor, materialman, supplier or laborer.  3. Lien fraud is a class D felony if the amount of the lien filed or the aggregate amount of all liens filed on the subject property as a result of the conduct described in subsection 1 of this section is in excess of five hundred dollars, otherwise lien fraud is a class A misdemeanor. If no liens are filed, lien fraud is a class A misdemeanor. ­­-------- (L. 1986 H.B. 942, et al. § 1, A.L. 1988 H.B. 1711, A.L. 2014 S.B. 491)  Effective 1-01-17
MO Rev Stat § 429.020 (2021)
2021 Missouri Revised Statutes|Title XXVII - Debtor-Creditor Relations|Chapter 429 - Statutory Liens Against Real Estate|Section 429.020 - Lien for street, sidewalk, sewer or pipeline adjacent to land.

Effective - 28 Aug 1992   429.020. Lien for street, sidewalk, sewer or pipeline adjacent to land. — Every mechanic or other person who shall do or perform any work or labor upon or furnish any material for the construction of any street, curb, sidewalk, sewerline, waterline, or other pipeline in front of, adjacent to, along or adjoining any lot, tract or parcel of land in any town, city or village, under or by virtue of any contract with the owner or proprietor of such lot, tract or parcel of land, or his agent, trustee, contractor or subcontractor, or without a contract if ordered by a city, town, village or county having a charter form of government to abate the conditions that caused a structure on that property to be deemed a dangerous building under local ordinances pursuant to section 67.410, shall, upon complying with the provisions of sections 429.010 to 429.340, have a lien upon such lot, tract or parcel of land for his work or labor done, or material furnished. ­­-------- (RSMo 1939 § 3547, A.L. 1961 p. 341, A.L. 1992 H.B. 1434 & 1490)  Prior revisions: 1929 § 3157; 1919 § 7217; 1909 § 8213
MO Rev Stat § 429.030 (2021)
2021 Missouri Revised Statutes|Title XXVII - Debtor-Creditor Relations|Chapter 429 - Statutory Liens Against Real Estate|Section 429.030 - Amount of property subject to lien.

Effective - 28 Aug 1961   429.030. Amount of property subject to lien. — The entire land, to the extent aforesaid, upon which any such building, erection or improvement is situated, or in front or alongside of which such street, curb, sidewalk, sewerline, waterline or other pipeline shall have been built, including as well that part of said land which is not covered with such building, erection or other improvement as that part thereof which is covered with the same, shall be subject to all liens created by sections 429.010 to 429.340 to the extent, and only to the extent, of all the right, title and interest owned therein by the owner or proprietor of such building, erection or improvement, and for whose immediate use or benefit the labor was done or the things furnished. ­­-------- (RSMo 1939 § 3548, A.L. 1961 p. 342)  Prior revisions: 1929 § 3158; 1919 § 7218; 1909 § 8214
MO Rev Stat § 429.040 (2021)
2021 Missouri Revised Statutes|Title XXVII - Debtor-Creditor Relations|Chapter 429 - Statutory Liens Against Real Estate|Section 429.040 - Buildings on same or adjacent lots.

Effective - 28 Aug 1939   429.040. Buildings on same or adjacent lots. — When the improvements consist of two or more buildings, united together and situated upon the same lot or contiguous lots, or separate buildings upon contiguous lots, or a continuous or connected sidewalk in front or alongside of contiguous lots, and erected under one general contract, it shall not be necessary to file a separate lien upon each building or lot for the work done or materials furnished in the erection of such improvements. ­­-------- (RSMo 1939 § 3579)  Prior revisions: 1929 § 3189; 1919 § 7249; 1909 § 8237  (1960) Where petition of subcontractor alleged that work in paving and grading of street and driveways for twelve contiguous lots of land was all performed under one contract, that the general contractor engaged to construct the buildings on the various lots and alleged that the contiguous lots were owned by the present owners, it stated a cause of action for a mechanics' lien. Ladue Contracting Co. v. Land Development Co. (A.), 337 S.W.2d 578. (1960) Where one contract for plumbing was made for a large number of buildings in a subdivision on property owned by four different corporations but which was controlled by a fifth corporation and the lots were separated by streets, they were contiguous within the meaning of this section and therefore subject to the mechanics' lien law. Schwartz v. Shelby Const. Co. (Mo.), 338 S.W.2d 781. (1968) The words "erected under one general contract" as used in mechanics' lien statutes are not confined to a case where the whole of the buildings are to be completed under one contract, but include a contract to purchase all of the materials of a specified kind for the buildings. Stewart C.&M. Co. v. James H. Stanton Construction Co. (A.), 433 S.W.2d 76. (1969) Two tracts or two lots which have only one common corner are not "contiguous" within the meaning of this section. Stewart C.&M. Co. v. James H. Stanton Construction Co. (A.), 433 S.W.2d 76. (1971) Lots held not to be contiguous where private street separated them and contractor who began work after subdividing and building of street was not entitled to single mechanic's lien against all lots. United Lumber Co. v. Minmac Investment Co. (A.), 472 S.W.2d 630. (2001) Section is the exclusive avenue for filing a blanket lien covering more than one building or lot. Concrete Company of the Ozarks v. Catamount Ridge North, LLC, 63 S.W.3d 260 (Mo.App.S.D.).
MO Rev Stat § 429.050 (2021)
2021 Missouri Revised Statutes|Title XXVII - Debtor-Creditor Relations|Chapter 429 - Statutory Liens Against Real Estate|Section 429.050 - Priority of lien — improvements removed when — exception.

Effective - 28 Aug 1939   429.050. Priority of lien — improvements removed when — exception. — The lien for the things aforesaid, or work, shall attach to the buildings, erections or improvements for which they were furnished or the work was done, in preference to any prior lien or encumbrance or mortgage upon the land upon which said buildings, erections, improvements or machinery have been erected or put; and any person enforcing such lien may have such buildings, erections or improvements sold under execution, and the purchaser may remove the same within a reasonable time thereafter; provided, that nothing contained in this section shall be so construed as to allow any such sidewalk as is mentioned in sections 429.010 to 429.340 to be so sold under execution or so removed. ­­-------- (RSMo 1939 § 3549)  Prior revisions: 1929 § 3159; 1919 § 7219; 1909 § 8215  (1972) This section applies only to new construction and does not apply to improvements or repairs of existing structures thus where prior mortgage was given upon land and an existing structure the mechanic's liens arising incident to improvement or repair of existing structure had no priority over mortgage; but by its actions in inducing lien claimants to furnish material and labor which were the basis of the liens, mortgagee bank waived and was estopped from asserting its priority and mechanic's lien claimants had paramount liens not only on improvements but also on land itself. Trout's Investments, Inc. v. Davis (Mo.), 482 S.W.2d 510. (1978) Statutes providing for priority of mechanic's lien over deed of trust did not violate due process rights of lender under the deed of trust. Westinghouse Electric Company v. Vann Realty Company (Mo.), 568 S.W.2d 777.
MO Rev Stat § 429.060 (2021)
2021 Missouri Revised Statutes|Title XXVII - Debtor-Creditor Relations|Chapter 429 - Statutory Liens Against Real Estate|Section 429.060 - Lien shall have precedence over subsequent encumbrances.

Effective - 28 Aug 1939   429.060. Lien shall have precedence over subsequent encumbrances. — The lien for work and materials as aforesaid shall be preferred to all other encumbrances which may be attached to or upon such buildings, bridges or other improvements, or the ground, or either of them, subsequent to the commencement of such buildings or improvements. ­­-------- (RSMo 1939 § 3553)  Prior revisions: 1929 § 3163; 1919 § 7223; 1909 § 8219  (1967) A properly filed mechanic's lien dates from the visible commencement of actual operations on the ground for the erection of the building or the making of the improvement which makes it apparent that a building has been commenced or that an improvement is to be made, done with the intention and formed purpose to continue the work until completed. H. B. Deal Construction Co. v. Labor Discount Center, Inc. (Mo.), 418 S.W.2d 940. (1978) Statutes providing for priority of mechanic's lien over deed of trust did not violate due process rights of lender under the deed of trust. Westinghouse Electric Company v. Vann Realty Company (Mo.), 568 S.W.2d 777.
MO Rev Stat § 429.090 (2021)
2021 Missouri Revised Statutes|Title XXVII - Debtor-Creditor Relations|Chapter 429 - Statutory Liens Against Real Estate|Section 429.090 - Abstract of lien by clerk.

Effective - 01 Jul 1997   429.090. Abstract of lien by clerk. — It shall be the duty of the clerk of the circuit court to endorse upon every account the date of its filing, and maintain an abstract thereof, containing the date of its filing, the name of the person seeking to enforce the lien, the amount claimed, the name of the person against whose property the lien is filed, and a description of the property charged with the same. ­­-------- (RSMo 1939 § 3552, A.L. 1990 S.B. 808 & 672, A.L. 1996 S.B. 869, A.L. 1997 S.B. 248)  Prior revisions: 1929 § 3162; 1919 § 7222; 1909 § 8218  Effective 7-01-97
MO Rev Stat § 429.100 (2021)
2021 Missouri Revised Statutes|Title XXVII - Debtor-Creditor Relations|Chapter 429 - Statutory Liens Against Real Estate|Section 429.100 - Notification by subcontractors and others.

Effective - 28 Aug 1939   429.100. Notification by subcontractors and others. — Every person except the original contractor, who may wish to avail himself of the benefit of the provisions of sections 429.010 to 429.340, shall give ten days' notice before the filing of the lien, as herein required, to the owner, owners or agent, or either of them, that he holds a claim against such building or improvement, setting forth the amount and from whom the same is due. Such notice may be served by any officer authorized by law to serve process in civil actions, or by any person who would be a competent witness. When served by an officer, his official return endorsed thereon shall be proof thereof, and when served by any other person, the fact of such service shall be verified by affidavit of the person so serving. ­­-------- (RSMo 1939 § 3565)  Prior revisions: 1929 § 3175; 1919 § 7235; 1909 § 8231  (1964) The ten-day notice provision of this section does not reduce the four-month provision of 429.080 to a lesser period of time. Continental Casualty Co. v. Allsop Lumber Co., 336 F.2d 445. (1975) "Original contractor" is one who contracts to furnish labor or materials with the then owner of the property. J.R. Meade Co. v. Forward Const. Co. (A.), 526 S.W.2d 21. (1978) Original contractor within meaning of this section refers to what contractor is to do, and is not determined upon the characterization of the terms "contractor" and "subcontractor" in the contract. Home Building Corporation v. Ventura Corporation (Mo.), 568 S.W.2d 769.
MO Rev Stat § 429.110 (2021)
2021 Missouri Revised Statutes|Title XXVII - Debtor-Creditor Relations|Chapter 429 - Statutory Liens Against Real Estate|Section 429.110 - When owner nonresident — notice, how given.

Effective - 28 Aug 2010   429.110. When owner nonresident — notice, how given. — Whenever property is sought to be charged with a lien under sections 429.010 to 429.340, and the owner of the property so sought to be charged shall not be a resident of this state, or shall have no agent in the county in which said property is situate, or when such owner shall be a resident of the state, but conceals himself, or has absconded, or absents himself from his usual place of abode, so that the notice required by section 429.100 cannot be served upon him, then, and in every such case, such notice may be recorded with the recorder of deeds of the county in which such property is situate, and when recorded shall have like effect as if served upon such owner or his agent in the manner contemplated by section 429.100. Such notice shall be accompanied by an applicable fee for recording and shall be taxed as costs in any lien suit to which the same pertains, to abide the result of the suit. ­­-------- (RSMo 1939 § 3566, A.L. 2010 H.B. 1643)  Prior revisions: 1929 § 3176; 1919 § 7236; 1909 § 8232  (1956) Evidence to establish circumstances prescribed by this section is necessary to judgment where notice required by § 429.100 is not given. Hertel Electric Co. v. Gabriel (A.), 292 S.W.2d 95.