reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.230 - Judgment on constructive notice.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1965
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 the mortgaged property or collateral, describing it as in the mortgage or security agreement.
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(RSMo 1939 § 3457, A.L. 1965 p. 114)
Prior revisions: 1929 § 3070; 1919 § 2229; 1909 § 2836
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.240 - Judgment on personal service.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1965
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 to satisfy the debt and damages, or damages and costs, then the residue is to be levied of other goods, chattels, lands and tenements of the mortgagor or debtor.
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(RSMo 1939 § 3458, A.L. 1965 p. 114)
Prior revisions: 1929 § 3071; 1919 § 2230; 1909 § 2837
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.250 - Proceedings where mortgagee, secured party, mortgagor or debtor dies.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1965
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 shall be made plaintiff or defendant, as the case may require.
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(RSMo 1939 § 3453, A.L. 1965 p. 114)
Prior revisions: 1929 § 3066; 1919 § 2225; 1909 § 2832
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.260 - Judgment when personal representative is party defendant.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1965
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 property or collateral be insufficient to satisfy the debt and damages, or damages and costs, the judgment, as to the residue, shall have the effect of a judgment against an executor or administrator, as such.
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(RSMo 1939 § 3454, A.L. 1965 p. 114)
Prior revisions: 1929 § 3067; 1919 § 2226; 1909 § 2833
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.270 - Execution to be a special fieri facias.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1939
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.
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(RSMo 1939 § 3459)
Prior revisions: 1929 § 3072; 1919 § 2231; 1909 § 2838
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.280 - Title which purchaser acquires.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1939
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 against the subsisting equities of those who are not parties thereto.
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(RSMo 1939 § 3460)
Prior revisions: 1929 § 3073; 1919 § 2232; 1909 § 2839
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.290 - Mortgages and security agreements with power of sale.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1965
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, secured party or his personal representatives, in pursuance of the provisions of the mortgages or security agreements, shall be valid and binding by the laws of this state upon the mortgagors and debtors, and all persons claiming under them, and shall forever foreclose all right and equity of redemption of the property so sold. Nothing herein shall be construed to affect in any way the rights of a tenant to the growing and unharvested crops on lands foreclosed as aforesaid, to the extent of the interest of the tenant under the terms of contract or lease between the tenant and the mortgagor or his personal representatives.
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(RSMo 1939 § 3462, A.L. 1965 p. 114)
Prior revisions: 1929 § 3075; 1919 § 2234; 1909 § 2841
(1951) Where holder of unrecorded warranty deed to land was in the U.S. Military service at time of foreclosure of mortgage on such land, he was not entitled, under federal Soldiers' and Sailors' Civil Relief Act, as against innocent purchaser, to have foreclosure sale set aside. Godwin v. Gerling, 362 Mo. 19, 239 S.W.2d 352.
(1951) Because §§ 443.420, 443.430 and 443.440 expressly provide, in the event a bond to redeem is posted, for the delivery to the purchaser of a certificate of sale, it implies that when redemptioner gives notice of his intention to redeem the trustee is not to deliver his trustee's deed to the purchaser pending the lapse of the twenty days allowed for the posting of the bond. Leone v. Bear, 362 Mo. 464, 241 S.W.2d 1008.
(1975) This section held constitutional as against claim that it constitutes state action and thereby violates the due process clause of the fourteenth amendment to the Constitution of the United States. Federal National Mortgage Association v. Howlett (Mo.), 521 S.W.2d 428.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.300 - Death of debtor, foreclosure stayed.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1973
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 place under the deed of trust or mortgage conveying real estate within six months after the death of such person, and no sale shall take place of personal property so subjected to a security interest within four months after the death of the person.
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(RSMo 1939 § 140, A.L. 1965 p. 114, A.L. 1973 S.B. 166)
Prior revisions: 1929 § 141; 1919 § 140; 1909 § 149
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.310 - Sales, where made — number of days' notice.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1989
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' notice of such sale shall be given, whether so provided in such mortgage or deed of trust or not. Where the property to be sold is located in more than one county, the property may be sold in any county where a part of the property is located.
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(RSMo 1939 § 3463, A.L. 1989 H.B. 49)
Prior revisions: 1929 § 3076; 1919 § 2235; 1909 § 2842
(1975) This section held constitutional as against claim that it constitutes state action and thereby violates the due process clause of the fourteenth amendment to the Constitution of the United States. Federal National Mortgage Association v. Howlett (Mo.), 521 S.W.2d 428.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.327 - Sale by trustee exercising powers under security instrument — times when sale may be held — places where sale may be held.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1994
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 commercially reasonable time, unless the security instrument specifies an hour at which the sale is to occur. The time for sale will be deemed to be commercially reasonable if the sale is held between the hours of 9:00 a.m. and 5:00 p.m. on the date of sale. If no time is stated in the notice of sale, then the sale shall be held at the time customary for such sales in the county. If the trustee elects to state a specific time for sale in the notice of sale, then the sale shall be held at the time stated in the notice unless the sale is continued as may be otherwise provided by law.
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(L. 1992 S.B. 688, A.L. 1994 H.B. 1312)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.330 - Trustee failing to execute trust, parties interested may proceed, how.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1983
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 this state, shall neglect or refuse or has neglected or refused to act as such trustee, or shall or has become unable, by sickness or other disability, to perform or execute his trust, any person interested in the debt or other liability secured by such deed of trust, may present his or their affidavit, stating the facts of the case, specifically, to the circuit court of the county in which the property or estate conveyed by such deed of trust, or any part thereof, is situated.
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(RSMo 1939 § 3525, A. 1949 S.B. 1125, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 3135; 1919 § 13418; 1909 § 11919
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.340 - Court to appoint sheriff or other suitable person, when — power and duties of trustee.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1949
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 to execute such deed of trust, in the place of the original trustees; and thereupon such sheriff, or other suitable person appointed by said court, shall be possessed of all the rights, powers and authority possessed by the original trustee, under the deed of trust, and such sheriff or other person shall proceed to sell and convey the property and to pay off the debts and liabilities according to the directions of the deed of trust, and shall do all other acts the original trustee had power to do, and with the same force and effect.
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(RSMo 1939 § 3527, A. 1949 S.B. 1125)
Prior revisions: 1929 § 3137; 1919 § 13419; 1909 § 11920
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 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.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1994
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 trustee in any security instrument made after August 28, 1994, affecting any property, real or personal, situate or being in this state, unless in such instrument there is named as cotrustee a corporation organized under the laws of this state, or an individual citizen of the state of Missouri. If any Missouri corporation is designated trustee in any security instrument or is appointed a successor trustee, it shall not be considered to be subject to any disability to act as such because it is organized under a chapter of the Missouri revised statutes other than chapter 362, or because its articles of incorporation do not contain a specific power to execute trusts or serve as trustee under security instruments.
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(RSMo 1939 § 3482, A.L. 1994 H.B. 1312)
Prior revisions: 1929 § 3095; 1919 § 2254; 1909 § 2859
CROSS REFERENCE:
Trust company's powers under reciprocal corporate fiduciary powers act, 362.600
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.355 - Continuance of sale by trustee without readvertisement, manner — restrictions.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1993
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 causing to be announced on the day and at the time and place of sale the fact of such continuance. The announcement shall contain the date, time and place to which the sale is continued. No party shall have a cause of action for damages against a trustee for continuing or refusing to continue a sale as provided in this section.
2. Only one continuance shall be made under the authority granted by this section, which continuance shall be for a period of not to exceed seven days. The provisions of this section shall not prevent the holder of a security instrument and the owner of the land encumbered thereby from agreeing to more than one continuance or to continuances for more than one week. Nothing in this section shall prevent a trustee from abandoning a sale before its completion and commencing new sale proceedings after compliance with sections 443.310, 443.320 and 443.325.
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(L. 1993 H.B. 105 & 480)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.360 - Compensation of trustees under trust deeds.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1939
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 exceeding two percent on the first one thousand dollars, and one percent on all sums over that amount and under five thousand dollars, and one-half of one percent on all sums over that amount.
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(RSMo 1939 § 3479)
Prior revisions: 1929 § 3092; 1919 § 2251; 1909 § 2856
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.370 - Penalty for overcharging.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1939
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 competent jurisdiction.
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(RSMo 1939 § 3480)
Prior revisions: 1929 § 3093; 1919 § 2252; 1909 § 2857
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.380 - Recitals in deed prima facie evidence.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1939
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 recitals in the trustee or mortgagee's deed concerning the default, advertisement, sale or receipt of the purchase money, and all other facts pertinent thereto, shall be received as prima facie evidence in all courts of the truth thereof.
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(RSMo 1939 § 3481)
Prior revisions: 1929 § 3094; 1919 § 2253; 1909 § 2858
(1975) This section held constitutional as against claim that it constitutes state action and thereby violates the due process clause of the fourteenth amendment to the Constitution of the United States. Federal National Mortgage Association v. Howlett (Mo.), 521 S.W.2d 428.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.390 - Trustee's deed not to be accepted by recorder in certain cities or counties unless unpaid notes are produced — duties of recorder.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1994
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 counties in this state of the first class, no trustee's deed or mortgagee's deed under power of sale in foreclosure of any security instrument recorded prior to January 1, 1986, shall be accepted by the recorder of deeds for record unless:
(1) The principal note or notes or other principal obligations which were unpaid when the foreclosure sale commenced and for the default in payment of which foreclosure is had, are produced to the recorder; or
(2) If such notes are lost then the owner of the principal notes or obligations makes an affidavit that such notes are lost and produces such affidavit for the recorder. Upon such trustee's or mortgagee's deed being filed for record, the recorder shall make a notation on the principal note or notes or other principal obligations showing that such deed in foreclosure has been filed of record, in substantially the following form:
"Deed under foreclosure filed ______, 20______
__________________
Recorder"
­­Except, whenever any trustee's deed or mortgagee's deed under power of sale in foreclosure of any security instrument recorded prior to January 1, 1986, providing for the issuance of more than one principal note or bond shall be presented for recording, it shall be accepted by the recorder of deeds for record upon the presentation to the recorder of the unpaid principal note or notes or bonds required by such security instrument to permit the trustee to sell the property under foreclosure sale. A foreclosure sale shall be deemed to have commenced within the meaning of this law upon the first publication of the notice of sale.
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(RSMo 1939 § 3484, A.L. 1945 p. 681, A.L. 1985 H.B. 210, A.L. 1994 H.B. 1312)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.400 - Redemption before sale.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1994
443.400. Redemption before sale. —
If such property is redeemed by payment to the officer before the sale, such officer shall make a certificate of such redemption, and acknowledge the same before some officer authorized to take acknowledgments of deeds for lands; and such certificate shall be recorded in the office in which the security instrument is recorded, and shall have the same effect as if a deed of release has been filed for record.
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(RSMo 1939 § 3475, A.L. 1994 H.B. 1312)
Prior revisions: 1929 § 3088; 1919 § 2247; 1909 § 2852
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.415 - Mortgage may be insured for certain buyers, amount, requirements.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 2002
443.415. Mortgage may be insured for certain buyers, amount, requirements. —
Mortgage insurers may insure a mortgage in an amount not exceeding one hundred three percent of the fair market value of the authorized real estate security at the time that the loan is made if secured by a first lien or charge on such real estate security.
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(L. 1994 H.B. 1449 § 1 merged with S.B. 718 § 35, A.L. 1998 H.B. 1794 merged with S.B. 719, A.L. 2000 H.B. 1802 merged with S.B. 896, A.L. 2002 H.B. 1375 merged with S.B. 729)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.420 - Notice of redemption — how given, rights.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1939
443.420. Notice of redemption — how given, rights. —
No party shall have the right of redeeming from any such sale as set forth in section 443.410 unless he shall have given the written notice specified in said section and shall within twenty days after such sale give security to the satisfaction of the circuit court of the county in which the land is located for the payment of the interest on the debt or obligation secured by the mortgage deed of trust under which the sale is made to accrue within such year after the sale is made, and for the payment in full of the legal charges and costs of the sale, and for the payment of all interest accrued prior to the sale or thereafter which the purchaser at the sale or his representatives or assigns may pay on any prior encumbrance on the land, as well as the interest which may accrue thereon during such year allowed for redemption whether so paid or not and all taxes and assessments and interest and costs thereon whether general or special accrued or accruing during such year allowed for redemption and whether paid by the purchaser at the sale or not together with interest at rate of six percent per annum on all sums so paid by the purchaser or those claiming under him and for damages for all waste committed or suffered by the party giving such security or those claiming under him during such year unless said property is so redeemed, and it shall be necessary to pay for such redemption all such sums to which the purchaser or those claiming under him should be entitled with interest as aforesaid. Said security shall be by bond executed by the person or persons so entitled to redeem with at least one good surety in a sum amply sufficient to cover the aggregate of all said sums exclusive of the principal debt or obligation, but including damages and interest, to be so absolutely paid in event redemption is not made and the aggregate of all such shall be the measure of damages to be paid in satisfaction of said bond if such redemption is not made.
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(RSMo 1939 § 3451)
Prior revisions: 1929 § 3064; 1919 § 2223; 1909 § 2830
(1951) Because §§ 443.420, 443.430 and 443.440 expressly provide, in the event a bond to redeem is posted, for the delivery to the purchaser of a certificate of sale, it implies that when redemptioner gives notice of his intention to redeem the trustee is not to deliver his trustee's deed to the purchaser pending the lapse of the twenty days allowed for the posting of the bond. Leone v. Bear, 362 Mo. 464, 241 S.W.2d 1008.
(1965) Validity of trustees sale is admitted by implication when statutory redemption procedure is begun. St. Bethel Missionary Baptist Church v. St. Louis Builders, Inc. (Mo.), 388 S.W.2d 776.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.430 - Motion for approval of bond for redemption — hearing — receiver — additional bond.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 02 Jan 1979, see footnote
443.430. Motion for approval of bond for redemption — hearing — receiver — additional bond. —
A motion or application for the approval shall be filed with the bond in the office of the clerk of the circuit court and at least one day's notice in writing thereof and of the time when the same will be filed and presented shall be given to the purchaser at such sale if he is a resident of the county and can be found therein, otherwise it shall be given to the trustee making the sale. If court should not be in session when such bond and application are so filed the clerk may temporarily approve the same subject to future action of the court thereon but unless so temporarily approved or presented to the court for consideration within such twenty days the same shall be taken and deemed as finally rejected and disapproved. The court may continue or adjourn the hearing or consideration of such bond when so within such twenty-day period temporarily approved by the clerk or presented to the court but the proceedings thereon shall be speedily and summarily acted upon and settled including the right or not of the obligor or obligors in the bond to give bond and to make such redemption. The court at discretion may at such hearing or consideration of such bond or at any time during the redemption period of one year appoint a receiver to take charge and possession of and preserve the property so sold and to have the rents and profits thereof subject to the orders of the court, and the net result therefrom shall belong to the owner of the equity of redemption if redemption be made, otherwise to the purchaser at such sale. And the court may require additional bond to be given as security at any time during such redemption period on application of the purchaser with at least five days' notice of such application to the principal on the original bond or his attorney, or agent, or representative.
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(RSMo 1939 § 3451, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 3064; 1919 § 2223
Effective 1-02-79
(1957) Notice requirement of this section is mandatory and ex parte approval of redemption bond by the court held erroneous and further proceedings in connection therewith would be prohibited. State ex rel. Hopkins v. Stemmons (A.), 302 S.W.2d 51.
(1957) Notice required by this section is mandatory and notification of trustee under § 443.110 did not relieve those seeking approval of bond of duty giving it. White v. Huffman (A.), 304 S.W.2d 909.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.440 - Certificate of sale — upon failure to redeem, deed to be executed.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1939
443.440. Certificate of sale — upon failure to redeem, deed to be executed. —
If the bond is given and approved the trustee at the purchaser's request shall execute, acknowledge and deliver to him a certificate of sale or purchase giving a reference to the deed of trust, fact of sale and purchase. And if redemption is not made within the year as so provided he shall thereupon execute to the purchaser or his heirs or devisees good and sufficient deed of conveyance upon the presentation of such certificate or showing of reason for its nonproduction to the satisfaction of the trustee. The rights, interests and estates of any of the parties may be conveyed by deed as interests in land are conveyed and trustee's deed may be made to the original purchaser and shall inure to his grantees. If the certificate of sale or any conveyance of the purchaser's interest is recorded the purchaser and his grantee shall give a sufficient recordable acknowledgment of redemption if the same be made. Any prematurely executed trustee's deed shall operate as a certificate of sale by the trustee, and if the trustee dies, becomes incapable or cannot be found the court may summarily and on ex parte application of the purchaser appoint a successor or commissioner to execute a good and sufficient conveyance in completion of the trustee's sale if redemption be not made within the year provided. Both the certificate of sale and purchase and deed and the recitals therein shall each be prima facie evidence of the recitals therein.
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(RSMo 1939 § 3451)
Prior revisions: 1929 § 3064; 1919 § 2223
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.453 - Financial institutions to pay property tax, how.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
Effective - 28 Aug 1999
443.453. Financial institutions to pay property tax, how. —
Financial institutions, as defined in section 381.410, which are mortgage servicers, shall pay property tax obligations which they service from escrow accounts, as defined in Title 24, Part 3500, Section 17, Code of Federal Regulations, in one annual payment before the first day of January of the year following the year for which the tax is levied. Escrow accounts established between such financial institutions and borrowers are contractually binding and may disallow the payment of property taxes more than once a year as such payments are authorized in section 139.053.
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(L. 1999 S.B. 386 § 408.620)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.454 - Enforcement and servicing of real estate loans, federal and state law preemption.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
Effective - 28 Aug 2013
443.454. Enforcement and servicing of real estate loans, federal and state law preemption. —
The enforcement and servicing of real estate loans secured by mortgage or deed of trust or other security instrument shall be pursuant only to state and federal law and no local law or ordinance may add to, change, delay enforcement, or interfere with any loan agreement, security instrument, mortgage or deed of trust. No local law or ordinance may add, change, or delay any rights or obligations or impose fees or taxes of any kind or require payment of fees to any government contractor related to any real estate loan agreement, mortgage or deed of trust, other security instrument, or affect the enforcement and servicing thereof.
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(L. 2013 H.B. 446 & 211)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.701 - Citation of law.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 07 Jul 2010, 2 histories, see footnote
443.701. Citation of law. —
Sections 443.701 to 443.893 shall be known and may be cited as the "Missouri Secure and Fair Enforcement for Mortgage Licensing Act".
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(L. 2009 H.B. 382, A.L. 2010 H.B. 2201)
Effective 7-07-10
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.706 - Licensure required, when — effective date — exemptions.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 08 Jul 2009, see footnote
443.706. Licensure required, when — effective date — exemptions. —
*
1. No individual, unless exempted under subsection 3 of this section, shall engage in the business of a mortgage loan originator concerning any dwelling located in Missouri without first obtaining and maintaining a license under sections 443.701 to 443.893 and obtaining employment and acting under the supervision of a single Missouri licensed residential mortgage broker. Each licensed mortgage loan originator shall register with and maintain a valid unique identifier issued by the NMLSR.
*
2. In order to facilitate an orderly transition to licensing and minimize disruption in the mortgage marketplace, the effective date for subsection 1 of this section shall be July 31, 2010, or such later date approved by the Secretary of the U.S. Department of Housing and Urban Development under the authority granted under Public Law 110-289, Section 1508(a).
3. The following are exempt from sections 443.701 to 443.893:
(1) Registered mortgage loan originators when employed and acting under subdivision (34) of subsection 1 of section 443.703;
(2) Any individual who offers or negotiates terms of a residential mortgage loan with or on behalf of an immediate family member of the individual;
(3) Any individual who offers or negotiates terms of a residential mortgage loan secured by a dwelling that served as the individual's residence;
(4) A licensed attorney who negotiates the terms of a residential mortgage loan on behalf of a client as an ancillary matter to the attorney's representation of the client, unless the attorney is compensated by a lender, a mortgage broker, or other mortgage loan originator or by any agent of such lender, mortgage broker, or other mortgage loan originator.
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(L. 2009 H.B. 382)
Effective 7-08-09
*Subsection 1 effective 7-31-10. No extension was granted as specified in subsection 2.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.707 - Loan processors and underwriters, license required.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 08 Jul 2009, see footnote
443.707. Loan processors and underwriters, license required. —
A loan processor or underwriter who is an independent contractor shall not engage in the activities of a loan processor or underwriter for a Missouri residential real estate loan unless such independent contractor loan processor or underwriter obtains and maintains a license under section 443.706. Each independent contractor loan processor or underwriter licensed as a mortgage loan originator shall have and maintain a valid unique identifier issued by the NMLSR. Each independent contractor loan processor or underwriter shall certify annually under oath to the director that they shall not engage in the activities of a mortgage loan originator absent full compliance with section 443.706.
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(L. 2009 H.B. 382)
Effective 7-08-09
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.709 - Rulemaking authority — expedited review and licensing procedures permitted, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 08 Jul 2009, see footnote
443.709. Rulemaking authority — expedited review and licensing procedures permitted, when. —
To implement an orderly and efficient licensing process for mortgage loan originators, the director may establish licensing rules and interim procedures for licensing and acceptance of applications. The director may establish expedited review and licensing procedures for individuals previously licensed as a residential mortgage loan broker in Missouri or for individuals who were previously an ultimate equitable owner of a residential mortgage loan broker in Missouri.
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(L. 2009 H.B. 382)
Effective 7-08-09
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.711 - Application for licensure, form — records and fees — modification of licensure requirements permitted, when — use of NMLSR as an agent, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 08 Jul 2009, see footnote
443.711. Application for licensure, form — records and fees — modification of licensure requirements permitted, when — use of NMLSR as an agent, when. —
1. Applicants for a mortgage loan originator license shall apply in a form as prescribed by the director. Each such form shall contain content as set forth by rule, instruction, or procedure of the director and may be changed or updated as necessary by the director in order to carry out the purposes of sections 443.701 to 443.893.
2. In order to fulfill the purposes of sections 443.701 to 443.893, the director is authorized to establish relationships or contracts with the NMLSR or other entities designated by the NMLSR to collect and maintain records and process transaction fees or other fees related to licensees or other persons subject to sections 443.701 to 443.893.
3. For the purpose of participating in the NMLSR, the director is authorized to modify, in whole or in part, by rule or order, the requirements of sections 443.701 to 443.893 as necessary to participate in the NMLSR.
4. In connection with an application for licensing as a mortgage loan originator, the applicant shall, at a minimum, furnish to the NMLSR information concerning the applicant's identity, including:
(1) Fingerprints for submission to the Federal Bureau of Investigation, and any governmental agency or person authorized to receive such information for a state, national, and international criminal history background check; and
(2) Personal history and experience in a form prescribed by the NMLSR, including the submission of authorization for the NMLSR and the director to obtain:
(a) An independent credit report from a consumer reporting agency described in Section 603(p) of the Fair Credit Reporting Act. No applicant would be denied a license solely on the basis of a credit score; and
(b) Information related to any administrative, civil, or criminal findings by any governmental jurisdiction.
5. For the purposes of this section and in order to reduce the points of contact which the Federal Bureau of Investigation may have to maintain for purposes of subdivision (1) of subsection 4 of this section and paragraph (b) of subdivision (2) of subsection 4 of this section, the director may use the NMLSR as an agent for requesting information from and distributing information to the Department of Justice or any governmental agency.
6. For the purposes of this section and in order to reduce the points of contact which the director may have to maintain for purposes of paragraphs (a) and (b) of subdivision (2) of subsection 4 of this section, the director may use the NMLSR as an agent for requesting and distributing information to and from any source so directed by the director.
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(L. 2009 H.B. 382)
Effective 7-08-09
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.713 - Findings required for licensure.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 08 Jul 2009, see footnote
443.713. Findings required for licensure. —
The director shall not issue a mortgage loan originator license unless the director makes, at a minimum, the following findings:
(1) The applicant has never had a mortgage loan originator license revoked in any governmental jurisdiction; except that, a subsequent formal vacation of such revocation shall not be deemed a revocation;
(2) The applicant has not been convicted of or pled guilty or nolo contendere to a felony in a domestic, foreign, or military court:
(a) During the seven-year period preceding the date of the application for licensing and registration; or
(b) At any time preceding such date of application, if such felony involved an act of fraud, dishonesty, or a breach of trust, or money laundering; and
(c) Provided that any pardon of a conviction shall not be a conviction for purposes of this subdivision;
(3) The applicant has demonstrated financial responsibility, character, and general fitness such as to command the confidence of the community and to warrant a determination that the mortgage loan originator shall operate honestly, fairly, and efficiently within the purposes of sections 443.701 to 443.893;
(a) For purposes of this subdivision, an individual has shown that he or she is not financially responsible when he or she has shown a disregard in the management of his or her own financial condition. A determination that an individual has not shown financial responsibility may include, but not be limited to:
a. Current outstanding judgments, except judgments solely as a result of medical expenses;
b. Current outstanding tax liens or other government liens and filings;
c. Foreclosures within the past three years;
d. A pattern of seriously delinquent accounts within the past three years;
(4) The applicant has completed the prelicensing education requirement described in sections 443.701 to 443.893;
(5) The applicant has passed a written test that meets the requirements described in sections 443.701 to 443.893;
(6) The applicant or the applicant's employer has met the Missouri surety bond requirement under sections 443.701 to 443.893.
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(L. 2009 H.B. 382)
Effective 7-08-09
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.717 - Prelicensing education requirements.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 2020, 2 histories
443.717. Prelicensing education requirements. —
1. Mortgage loan originators shall satisfy a prelicensing education requirement through approved education courses of at least twenty hours approved in accordance with subsection 2 of this section, which shall include at least:
(1) Three hours of federal law and regulations;
(2) Three hours of ethics, which shall include instruction on fraud, consumer protection, and fair lending issues; and
(3) Two hours of training related to lending standards for the nontraditional mortgage product marketplace.
2. For purposes of subsection 1 of this section, prelicensing approved education courses include courses reviewed and approved by the NMLSR based upon reasonable standards. Review and approval of a prelicensing education course shall include review and approval of the course provider.
3. Nothing in this section shall preclude any prelicensing education course, as approved by the NMLSR, that is provided by the employer of the applicant or person who is affiliated with the applicant by an agency contract, or any subsidiary or affiliate of such employer or person.
4. Prelicensing education may be offered in a classroom, online, or by any other means approved by the NMLSR.
5. The prelicensing education requirements approved by the NMLSR in subdivisions (1) to (3) of subsection 1 of this section for any state shall be accepted as credit towards completion of prelicensing education requirements in Missouri.
6. A person previously licensed under sections 443.701 to 443.893 applying to be licensed again shall prove that they have completed all of the continuing education requirements, if any, for the year in which the license was last held.
7. A prelicensing education course completed by an individual shall not satisfy the prelicensing education requirement if the course precedes an application by a certain period as established by the NMLSR.
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(L. 2009 H.B. 382, A.L. 2020 S.B. 599)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.719 - Written test required, test measures — minimum competency requirements.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 16 Oct 2015, 2 histories, see footnote
*443.719. Written test required, test measures — minimum competency requirements. —
1. In order to meet the written test requirement under sections 443.701 to 443.893, an individual shall pass, in accordance with the standards established under this section, a qualified written test developed by the NMLSR based upon reasonable standards, and designated as the NMLSR's
**
National Test Component with Uniform State Content for Mortgage Loan Originator licensing.
2. A written test shall not be treated as a qualified written test for purposes of subsection 1 of this section unless the test adequately measures the applicant's knowledge and comprehension in appropriate subject areas, including:
(1) Ethics;
(2) Federal law and regulation pertaining to mortgage origination;
(3) State law and regulation pertaining to mortgage origination;
(4) Federal and state law and regulation on fraud, consumer protection, the nontraditional mortgage marketplace, and fair lending issues.
3. Nothing in this section shall prohibit a test provider approved by the NMLSR from providing a test at the location of the employer of the applicant or the location of any subsidiary or affiliate of the employer of the applicant, or the location of any person with which the applicant holds an exclusive arrangement to conduct the business of a mortgage loan originator.
4. An applicant for licensure as a mortgage loan originator shall demonstrate minimum competence as follows:
(1) An individual shall not be considered to have passed a qualified written test unless the individual achieves a test score of not less than seventy-five percent correct answers to questions;
(2) An individual may retake a test two times with each consecutive taking occurring at least thirty days after the preceding test;
(3) After failing three consecutive tests, an individual shall wait at least six months before taking the test again;
(4) A licensed mortgage loan originator who fails to maintain a valid license for a period of five years or longer shall retake the test, not taking into account any time during which such individual is a registered mortgage loan originator.
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(L. 2009 H.B. 382, A.L. 2015 S.B. 345)
*Effective 10-16-15, see § 21.250. S.B. 345 was vetoed on July 7, 2015. The veto was overridden September 16, 2015.
**Word "NMLSR'S" appears in original rolls.