reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.320 - Appointment of referee by court, when — jury trials.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.320. Appointment of referee by court, when — jury trials. —
At the instance of any party to said action the court may appoint a referee to hear and report the evidence and to make conclusions and findings of fact and law therein and to report the same to the court for its further action thereon, and the court may confirm and approve said report in full or in parts and may modify the same and make other findings from the evidence reported as may be just and proper and render judgment accordingly. The court shall not appoint in any such equitable action any referee of its own motion. And in any such action the court may, if it deem the parties entitled thereto, or in its discretion submit any issue upon any separate claim or demand to a jury, and any two or more of such issues may in the discretion of the court be submitted to one jury or the court may submit separately such issues to a jury and shall be bound by the findings of the jury thereon in the further proceedings in said cause, subject to the power of the court to grant new trial of such issues.
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(RSMo 1939 § 3575)
Prior revisions: 1929 § 3185; 1919 § 7245
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.330 - No equitable action in case of one lien.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.330. No equitable action in case of one lien. —
This equitable action shall not apply to instances in which there is only one mechanic's lien claimed against the property and any of it, but in any suit thereon the court shall determine the respective priorities as between such mechanic's lien and any other lien or encumbrance and enforce the same accordingly.
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(RSMo 1939 § 3572)
Prior revisions: 1929 § 3182; 1919 § 7242
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.340 - Enforcement of decree ordering sale of property.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.340. Enforcement of decree ordering sale of property. —
Upon sale and execution of deed for the property sold in such equitable action, either by special commissioner appointed to make said sale or by the sheriff or successor of such commissioner or sheriff, the court may order delivery of possession of the premises sold to the purchaser at such sale and enforce such order by writ of assistance or other proper process against all persons to said action and all persons bound thereby, including those whose interests did not appear of record at the commencement of said action and all persons becoming interested in said property or obtaining possession thereof after the commencement of said action, which shall be the filing of the petition therein. And the court shall have full power and jurisdiction to speed said action and require service of process to be obtained speedily upon all parties therein at the instance of any party either plaintiff or defendant in said action or of its own motion.
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(RSMo 1939 § 3574)
Prior revisions: 1929 § 3184; 1919 § 7244
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.350 - Enforcement of mechanics' liens by associate circuit judge.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 02 Jan 1979, see footnote
429.350. Enforcement of mechanics' liens by associate circuit judge. —
Associate circuit judges may exercise jurisdiction without special assignment in all actions brought to enforce mechanics' liens when the amount or balance claimed to be due does not exceed the monetary jurisdiction which associate circuit judges may exercise in ordinary civil actions without special assignment.
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(RSMo 1939 § 2925, A.L. 1945 p. 1080, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2539; 1919 § 3087; 1909 § 7749
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.360 - Suits for foreclosure, process, procedure — same as other civil suits.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 02 Jan 1979, see footnote
429.360. Suits for foreclosure, process, procedure — same as other civil suits. —
The process, practice and procedure, including applications for trial de novo, in suits to enforce mechanics' liens which are heard by an associate circuit judge without special assignment shall be as nearly as practicable the same as provided in other civil suits heard by associate circuit judges. When a case is specially assigned to an associate circuit judge to hear upon a record, the process, practice and procedure, including appeals, shall be the same as if the case was being heard by a circuit judge.
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(RSMo 1939 § 2926, A.L. 1945 p. 1080, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2540; 1919 § 3088; 1909 § 7750
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.440 - Lien on railroad property for work, labor, materials.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.440. Lien on railroad property for work, labor, materials. —
All persons who shall do any work or labor in constructing or improving the roadbed, rolling stock, station houses, depots, bridges or culverts of any railroad company, incorporated under the laws of this state, or owning or operating a railroad within this state, and all persons who shall furnish ties, fuel, bridges or material to such railroad company, shall have for the work done and labor performed, and for the materials furnished, a lien upon the roadbed, station houses, depots, bridges, rolling stock, real estate and improvements of such railroad, upon complying with the provisions herein mentioned; provided, such work and labor is performed, and such materials are furnished, under and in pursuance of a contract with such railroad company, its agents, contractors, subcontractors, lessees, trustees, or construction company, organized for the uses and purposes of such railroad company, or having in charge the building, construction or improvement of such railroad, or any part thereof.
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(RSMo 1939 § 3591)
Prior revisions: 1929 § 3201; 1919 § 7261; 1909 § 8249
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.450 - Such lien to have precedence over other encumbrances.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.450. Such lien to have precedence over other encumbrances. —
The lien aforesaid shall attach to the buildings, erections, improvements, roadbed and property mentioned from the date of the commencement of such work and labor, or from the time such materials were furnished or delivered, and shall be prior to all mortgages or encumbrances placed upon the property affected by this lien subsequent to the passage of this law.
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(RSMo 1939 § 3592)
Prior revisions: 1929 § 3202; 1919 § 7262; 1909 § 8250
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.460 - Account and claim of lien filed with circuit clerk, when — copy served.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.460. Account and claim of lien filed with circuit clerk, when — copy served. —
It shall be the duty of all persons claiming the benefit of such lien, within ninety days next after the completion of the work, or after the materials are furnished, to file in the office of the circuit clerk of any county through which said railroad is located a just and true account of the amount due after all just credits have been given, which account shall state the amount claimed as due, the general nature of the work, amount of labor performed or of materials furnished, the dates when the work was done and when materials were furnished, and the place or places at which said labor and work was performed or said materials were furnished, the name or names of the parties with whom the contract for said work or furnishing said materials was made, and also the name of the railroad against which said lien is intended to apply; and it shall be the duty of all persons claiming said lien, within said ninety days, to serve a copy of the above account on the person or corporation owning or operating or having charge of said road or of the property to which said lien attaches, which said copy of account may be served in the same manner as now provided by law for the service of summons on corporations.
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(RSMo 1939 § 3593)
Prior revisions: 1929 § 3203; 1919 § 7263; 1909 § 8251
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.470 - Lien abstracts, contents — duties of clerk.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1997
429.470. Lien abstracts, contents — duties of clerk. —
It shall be the duty of the circuit clerk 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, and the name of the railroad against which the lien is filed; and it shall be the duty of circuit clerks in whose office such accounts and liens may be filed, within five days thereafter, to forward to the secretary of state a true copy of said accounts and liens and judgments rendered thereon by the circuit courts in which the case has been tried.
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(RSMo 1939 § 3594, A.L. 1997 S.B. 248)
Prior revisions: 1929 § 3204; 1919 § 7264; 1909 § 8252
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.480 - Secretary of state to file lien in his office.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.480. Secretary of state to file lien in his office. —
It shall be the duty of the secretary of state to file in his office such accounts and liens when received, and to prepare and keep in his office a book in which shall be entered an abstract of all accounts and liens filed as aforesaid, which abstract shall be so arranged and indexed as to show, in a convenient form, the names of all parties claiming liens, the amount claimed by each, the railroad to which the same applies, the date of filing, and if discharged, when the same was done.
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(RSMo 1939 § 3595)
Prior revisions: 1929 § 3205; 1919 § 7265; 1909 § 8253
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.490 - Satisfaction filed, when.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1997
429.490. Satisfaction filed, when. —
Whenever any debt, which is a lien upon any building or other improvement, shall be paid and satisfied, the creditor, if required, shall file an acknowledgment of such satisfaction with the clerk of the circuit court, which satisfaction shall be certified by the clerk to the secretary of state within ten days after the same has been entered upon the records in his office; and the clerks of the circuit courts and the secretary of state shall receive as full compensation for services performed by them as is provided for under this chapter for mechanics' liens.
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(RSMo 1939 § 3604, A.L. 1997 S.B. 248)
Prior revisions: 1929 § 3214; 1919 § 7274; 1909 § 8262
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.500 - Refusal of parties to satisfy — penalty.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.500. Refusal of parties to satisfy — penalty. —
If any creditor refuse to enter satisfaction within ten days after payment and request as aforesaid, he shall be liable to any person injured to the amount of such injury and costs of suit.
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(RSMo 1939 § 3605)
Prior revisions: 1929 § 3215; 1919 § 7275; 1909 § 8263
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.510 - Limitations of subcontractor's lien by his contract.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.510. Limitations of subcontractor's lien by his contract. —
In all cases arising under the provisions of sections 429.440 to 429.540, where notice of lien shall be filed by a subcontractor for work and labor performed, or materials furnished, such subcontractor, in case of suit brought to enforce said lien, shall not be entitled to recover, as against the corporation or individual owning the property to which the lien applies, at any greater rate for the work and labor performed, or materials furnished, than was agreed upon between said corporation or individual and the original contractor for doing said work or furnishing the materials.
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(RSMo 1939 § 3607)
Prior revisions: 1929 § 3217; 1919 § 7277; 1909 § 8265
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.520 - Actions to enforce lien, how conducted — nature of judgment.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1949
429.520. Actions to enforce lien, how conducted — nature of judgment. —
Except as otherwise provided in sections 429.440 to 429.540, all actions to enforce any lien under section 429.440, shall be governed in all respects by sections 429.170 to 429.250 which relate to actions for the enforcement of mechanics' liens; but no personal judgment shall be rendered for the amount of the indebtedness for which the lien is prosecuted in any such action except as against such defendants as might be sued thereon in an ordinary action at law.
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(RSMo 1939 § 3599, A. 1949 S.B. 1120)
Prior revisions: 1929 § 3209; 1919 § 7269; 1909 § 8257
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.530 - Who shall be parties to suit.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.530. Who shall be parties to suit. —
Any person or corporation owning or operating the railroad to which said liens may apply shall, in each instance, be made a party defendant in all suits for enforcing said liens; but it shall not be necessary to make the party with whom the contract was made for doing the work and labor, or for furnishing of material, a party defendant in such suit; but such party or parties may, at the option of the plaintiff, be made parties defendant, in which case process may be awarded and served as other writs of summons in any county in this state.
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(RSMo 1939 § 3597)
Prior revisions: 1929 § 3207; 1919 § 7267; 1909 § 8255
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.540 - Proceeds, when distributed pro rata.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.540. Proceeds, when distributed pro rata. —
In all cases where judgments have been rendered and a sale has been ordered, and the property sold to which said liens attach, the proceeds arising from such sale, if not sufficient to discharge all the liens on which judgments have been rendered before such sale shall be made, shall be distributed pro rata upon such judgments as if the filing of the said liens had been all the same date; and when such judgments have been by such sales or otherwise wholly or partially paid, and satisfied, the clerks shall enter upon the records the amount or amounts so paid, with a correct description of the real property sold, and within the time and in like manner certify the same to the secretary of state, as heretofore provided.
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(RSMo 1939 § 3606)
Prior revisions: 1929 § 3216; 1919 § 7276; 1909 § 8264
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.550 - Railroad liable to subcontractors, laborers, when.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
Effective - 28 Aug 1939
429.550. Railroad liable to subcontractors, laborers, when. —
Whenever any contractor for the construction of any part of a railroad which is in process of construction, or any contractor for the repairing of any part of a railroad, shall be indebted to any subcontractor or laborer, or other person, who shall do or perform any work or labor upon or furnish any materials for said road, such subcontractor or laborer, or other person, may give notice of such indebtedness to said company in the manner herein provided; and said company shall thereupon become liable to pay such subcontractor or laborer, or other person, the amount so due, and action may be maintained against said railroad therefor; such notice shall be given by said subcontractor, laborer or other person, within twenty days after the performance of the labor or work, or the delivery of the materials, for which the claim is made; such notice shall be in writing, and shall state the amount and number of days' labor or work, and the amount, description and quantity of materials furnished and the time when the said labor or work was performed, and the time when the said materials were furnished, for which the claim is made, and the name of the contractor from whom due, and shall be signed by such subcontractor, laborer or other person, or their attorney, and shall be served on an engineer, agent or other person employed by said company having charge of the section of the road on which said labor or work was performed, or such material furnished, personally, or by leaving said notice in the office or usual place of business of such engineer, agent or person having charge, with some person over fifteen years of age; but no action shall be maintained against any company under the provisions of this section unless the same be commenced within ninety days after notice is given to the company by such subcontractor or laborer, as above provided.
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(RSMo 1939 § 5159)
Prior revisions: 1929 § 4686; 1919 § 9876; 1909 § 3075
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.600 - Law, how cited.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1993
429.600. Law, how cited. —
Sections 429.600 to 429.630 may be known and be cited as the "Commercial Real Estate Brokers' and State Certified Real Estate Appraisers' Lien Act".
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(L. 1993 S.B. 18 § 1 subsec. 1)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.603 - Definitions.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 2007
429.603. Definitions. —
As used in sections 429.600 to 429.630, the following terms mean:
(1)
"Commercial real estate"
, any real estate other than real estate containing one to four residential units or real estate classified as agricultural and horticultural property for assessment purposes as provided by section 137.016. Commercial real estate shall include any unimproved real estate of any zoning classification, other than agricultural or horticultural real estate, being purchased for development or subdivision. Commercial real estate does not include single-family residential units including condominiums, townhouses or homes in a subdivision when such real estate is sold, leased or otherwise conveyed on a unit-by-unit basis even though the units may be part of a larger building or parcel of real estate containing more than four residential units;
(2)
"Owner"
, the owner of record of commercial real estate;
(3)
"Real estate broker"
and
"real estate salesperson"
, as such terms are defined in section 339.010;
(4)
"State-certified real estate appraiser"
, an appraiser as defined in section 339.503.
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(L. 1993 S.B. 18 § 1 subsec. 2, A.L. 2007 S.B. 302)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.605 - Broker's lien for compensation for services, requirements.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1993
429.605. Broker's lien for compensation for services, requirements. —
1. Any real estate broker who is not acting as a real estate salesperson for another real estate broker shall have a lien on commercial real estate or an interest in such commercial real estate in the amount of the compensation as agreed upon by the real estate broker and the real estate broker's client or customer, if:
(1) Such real estate is listed with the real estate broker under terms of a written agreement for the purpose of selling, leasing or otherwise conveying any interest in the commercial real estate and evidenced by a written agreement signed by the owner or the owner's agent; and
(2) The real estate broker and the real estate salespersons retained by the real estate broker have provided licensed services that resulted in the procuring of a person or entity ready, willing and able to purchase, lease or otherwise accept a conveyance of the commercial real estate or any interest in the commercial real estate as provided for in the terms of the written agreement signed by the owner or owner's agent or other terms which were otherwise acceptable to the owner or owner's agent as evidenced by a written agreement signed by the owner or the owner's agent.
2. A real estate broker shall, also, have a lien on such commercial real estate or an interest in such commercial real estate if the real estate broker has a written agreement with a prospective buyer to represent the buyer to the purchase or other conveyance to the buyer of commercial real estate when the real estate broker becomes entitled to compensation pursuant to the written agreement.
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(L. 1993 S.B. 18 § 2)
(1998) Legislative intent, gleaned from the use of the phrase "other conveyances", indicates that the statute authorizes a real estate broker's lien on commercial real estate as a result of the broker's entitlement to compensation for procurement of a lease pursuant to a written agreement between the broker and the buyer. Incentive Realty, Inc. v. Hawatmeh, 983 S.W.2d 156 (E.D.Mo.).
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.607 - Lien notice, content.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1993
429.607. Lien notice, content. —
A lien notice, for purposes of sections 429.600 to 429.627, shall state the name of the claimant, the name of the owner, a description of the property upon which the lien is being claimed, the amount for which the lien is claimed, and the real estate license number of the real estate broker. The notice of lien shall be signed by the real estate broker and the broker shall attest that the information contained in the notice is true and accurate as to his knowledge and belief.
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(L. 1993 S.B. 18 § 3)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.611 - Lien claim release or satisfaction to be filed when.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1993
429.611. Lien claim release or satisfaction to be filed when. —
If a claim for a lien has been filed with the county recorder of deeds and a condition occurs that would preclude the broker from receiving compensation under the terms of the real estate broker's written agreement, the real estate broker shall record and provide the owner of record a written release or satisfaction of the lien.
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(L. 1993 S.B. 18 § 5)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.614 - Broker to mail copy of notice of lien to owner by certified mail.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1993
429.614. Broker to mail copy of notice of lien to owner by certified mail. —
Any real estate broker who attaches a lien on commercial property pursuant to the provisions of sections 429.600 to 429.627 shall mail a copy of the notice of the lien to the owner of the commercial real estate by certified mail. The real estate broker's lien is void if the broker does not record the lien as provided in sections 429.600 to 429.627.
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(L. 1993 S.B. 18 § 6)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.616 - Enforcing lien, broker may bring suit, filed where, time limitation on filing — failure to file on time extinguishes lien — claim for same extinguished lien not permitted.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1993
429.616. Enforcing lien, broker may bring suit, filed where, time limitation on filing — failure to file on time extinguishes lien — claim for same extinguished lien not permitted. —
A real estate broker may bring suit to enforce a lien which attaches pursuant to the provisions of sections 429.600 to 429.627 in the circuit court in the county where the property is located by filing a verified petition that the lien has been recorded. Unless the claim is based upon an option to purchase the commercial real estate, the broker claiming such lien must commence proceedings within six months after recording the lien and failure to commence proceedings within the six months shall extinguish the lien. A claim for the same lien, extinguished pursuant to this section and section 429.618, may not be asserted in any subsequent proceeding.
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(L. 1993 S.B. 18 § 7 subsec. 1)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.618 - Petition, content, parties' foreclosure action, procedure — liens having priority over broker's lien.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1993
429.618. Petition, content, parties' foreclosure action, procedure — liens having priority over broker's lien. —
1. A petition filed pursuant to the provisions of this section and section 429.616 shall contain a statement of the terms of the contract or agreement on which the lien is based, the date when the contract or agreement was made, a description of the services performed, the amount due and unpaid, a description of the property that is subject to the lien and any other facts necessary for a full understanding of the rights of the parties. The plaintiff shall file the action against all known parties who have an interest in such real estate. A foreclosure action for a lien claimed pursuant to sections 429.600 to 429.630 shall be brought pursuant to the provisions of sections 443.190 to 443.280.
2. Valid prior recorded liens or mortgages shall have priority over a real estate broker's lien.
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(L. 1993 S.B. 18 § 7 subsecs. 2, 3)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.620 - Broker failing to file suit or answer in pending suit within thirty days after service on owner, lien is extinguished, service of demand, procedure.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1993
429.620. Broker failing to file suit or answer in pending suit within thirty days after service on owner, lien is extinguished, service of demand, procedure. —
If a broker claiming a lien pursuant to sections 429.600 to 429.627 fails to file a suit to enforce the lien or fails to file an answer in a pending suit to enforce a lien within thirty days after a properly served written demand of the owner, lienee or other authorized agent, the lien shall be extinguished. Service of such demand shall be by registered or certified mail, return receipt requested or by personal service. The provisions of this section shall not extend any other deadline provided by law for the filing of any pleadings or for the foreclosure of any lien governed by sections 429.600 to 429.627.
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(L. 1993 S.B. 18 § 8)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.623 - Satisfaction or release of lien by broker on written demand of owner within thirty days of demand.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1993
429.623. Satisfaction or release of lien by broker on written demand of owner within thirty days of demand. —
If a claim for lien has been filed pursuant to the provisions of sections 429.600 to 429.627 with the county recorder of deeds and such claim has been paid in full or if the lienor fails to institute a suit to enforce the lien within the time as provided by law, the real estate broker shall acknowledge satisfaction or release of such lien in writing upon written demand of the owner within thirty days after such demand.
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(L. 1993 S.B. 18 § 9)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.625 - Cost of proceeding to be paid by nonprevailing party — more than one nonprevailing party, apportionment by court.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1993
429.625. Cost of proceeding to be paid by nonprevailing party — more than one nonprevailing party, apportionment by court. —
The costs of any proceeding brought to enforce a lien filed pursuant to sections 429.600 to 429.627, including reasonable attorney's fees and prejudgment interest due to the prevailing party, shall be paid by the nonprevailing party or parties. If more than one party is responsible for costs, fees and prejudgment interest, such costs, fees and prejudgment interest shall be equitably apportioned by the court among the responsible parties.
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(L. 1993 S.B. 18 § 10)
(1998) Lessor was entitled to recover attorney's fees incurred in defense of lien recorded by real estate broker in an attempt to recover commission from representation of lessee because broker did not have a written agreement with lessor, and, therefore lien was improper. Incentive Realty, Inc. v. Hawatmeh, 983 S.W.2d 156 (E.D.Mo.).
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.627 - Lien preventing closing, escrow account to be established with clerk of circuit court — funds in account held until parties' rights determined — release of broker's lien when.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1993
429.627. Lien preventing closing, escrow account to be established with clerk of circuit court — funds in account held until parties' rights determined — release of broker's lien when. —
Unless an alternative procedure is available and is acceptable to the transferee in a real estate transaction, if a claim for a real estate broker's lien has been filed with the county recorder of deeds and such lien would prevent the closing of a transaction or conveyance, an escrow account shall be established with the clerk of the circuit court in the county in which the commercial real estate is located from the proceeds of the transaction or conveyance in an amount sufficient to release the claim for the lien. The requirement to establish an escrow account, as provided in this section, shall not be cause for any party to refuse to close a transaction. The proceeds held in such escrow account shall be held by the circuit clerk until the parties' rights to the escrowed funds have been determined by written agreement of the parties, by a final judgment of the circuit court or by other process as may be agreed to by the parties. If funds sufficient to satisfy the amount claimed in the lien have been deposited in the escrow account, the real estate broker shall release the claim for the lien on such real estate.
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(L. 1993 S.B. 18 § 11)
(2000) Execution by a holder of a deed of trust of a statutorily required deed of release in exchange for application of sale proceeds does not result in a loss of lien priority to a broker's lien asserted against proceeds of sale by the real estate broker under the Commercial Real Estate Brokers' Lien Act. Dalton Investments, Inc. v. Nooney Co., 10 S.W.3d 590 (Mo.App.E.D.).
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.629 - Appraisers and title examination service on commercial real estate to provide lien for services completed.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1993
429.629. Appraisers and title examination service on commercial real estate to provide lien for services completed. —
Upon complying with the provisions of chapter 429
*
, any state certified real estate appraiser who performs any appraisal or appraisal service or title examination services for the owner, proprietor, or the agent, trustee, contractor or subcontractor of the owner or proprietor, on any commercial real estate and any person who performs title examination services upon commercial real estate pursuant to a written contract, shall have a lien upon such land and any improvements thereon owned by such owner or proprietor, in an amount sufficient to secure the payment for such appraisal or appraisal service or title examination services which have been completed.
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(L. 1993 S.B. 18 § 12)
*Words "chapter 329" appear in original rolls.
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.630 - Brokers, appraisers and title examination service at time of closing to give written notice of right to lien on premises — failure to furnish notice, effect.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1993
429.630. Brokers, appraisers and title examination service at time of closing to give written notice of right to lien on premises — failure to furnish notice, effect. —
Any real estate broker who proposes to assert a lien pursuant to sections 429.600 to 429.627 or any certified real estate appraiser or any person performing title examination services who proposes to assert a lien pursuant to section 429.629 shall be prohibited from asserting such lien unless, at the time of the closing for such transaction, such broker or appraiser has given written notice to the purchaser of the commercial real estate that payment of the broker's or appraiser's fee or title examination fee is due and that he or she is entitled to a lien on the premises.
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(L. 1993 S.B. 18 § 13)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.010 - Definition of vehicle.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1981
430.010. Definition of vehicle. —
The word
"vehicle"
, as used in sections 430.010 to 430.070, means vehicles drawn by horses and other animals, motor vehicles, and boats or craft used or capable of being used as a means of transport on water. Any machinery used as the principal source of propulsion for a boat or craft is part of or equipment of the boat or craft.
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(RSMo 1939 § 3613, A.L. 1981 H.B. 138)
Prior revisions: 1929 § 3223; 1919 § 7283
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.030 - Lien, for labor or material furnished, on horse, mule or other animal.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1939
430.030. Lien, for labor or material furnished, on horse, mule or other animal. —
1. Every person who furnishes labor or material on any horse, mule or other animal, who shall obtain a written memorandum of the work or material furnished, or to be furnished, signed by the owner of such horse, mule or other animal, shall have a lien for the amount of such work or material as is ordered or stated in such written memorandum.
2. Such lien shall be on such horse, mule or other animal as shall be placed in the possession of the person furnishing the labor or material; provided, however, that for labor and material furnished on more than one horse, mule or other animal belonging to the same owner, the person furnishing such labor and material may, at his option, have a lien on any one or more of such horses, mules or other animals for the amount of labor and material furnished on all of such horses, mules and other animals belonging to such owner.
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(RSMo 1939 § 3609)
Prior revisions: 1929 § 3219; 1919 § 7279
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.040 - Vehicle or aircraft, part or equipment — horse, mule or other animal to remain in custody of person having lien.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1983
430.040. Vehicle or aircraft, part or equipment — horse, mule or other animal to remain in custody of person having lien. —
1. No person shall have the right to take any vehicle or aircraft, or part or equipment thereof, or any horse, mule or other animal out of the custody of the person having the lien, except with the consent of the person, or upon paying the amount, lawfully due, for keep, storage, labor or material.
2. The lien shall be valid against the vehicle or aircraft, or part or equipment thereof, or against the horse, mule or other animal in the possession of any person receiving or purchasing the same, with notice of the lien claim; but the lien shall not take precedence over or be superior to any prior lien on the property, created by any financing statement on the same, duly perfected in accordance with the laws of this state, without the written consent of the secured party or the legal holder of the security agreement.
­­--------
(RSMo 1939 § 3610, A.L. 1965 p. 114, A.L. 1983 H.B. 805)
Prior revisions: 1929 § 3220; 1919 § 7280
(1957) Common law artisan's lien for repairing truck held superior to the right of holder of conditional sales contract recorded in Florida to possession of truck but such superior lien does not extend to secure payment of storage charges. Mack Motor Truck Corp. v. Wolfe (A.), 303 S.W.2d 697.
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.050 - Lien, how enforced.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1939
430.050. Lien, how enforced. —
The lien provided for in section 430.040 shall be enforced in the same manner and be governed by the same procedure as is provided in section 430.160, applicable to the enforcement of the lien for keeping or training horses and other animals.
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(RSMo 1939 § 3611)
Prior revisions: 1929 § 3221; 1919 § 7281
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.060 - Proceedings governed by laws concerning replevin where not specifically provided.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1939
430.060. Proceedings governed by laws concerning replevin where not specifically provided. —
All proceedings under sections 430.010 to 430.070, where not herein otherwise specifically provided, shall be governed by the general laws of the state concerning replevin.
­­--------
(RSMo 1939 § 3612)
Prior revisions: 1929 § 3222; 1919 § 7282
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.080 - Lien on chattels for labor and materials.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1945
430.080. Lien on chattels for labor and materials. —
Every person expending labor, services, skill or material upon any chattel at the request of its owner, authorized agent of the owner, or lawful possessor thereof, in the amount of twenty-five dollars or less, shall have a lien upon such chattel beginning upon the date of commencement of such expenditure of labor, services, skill, or materials for the contract price for all such expenditure of labor, services, skill, or material, until the possession of such chattel is voluntarily relinquished to such owner or authorized agent, or to one entitled to the possession thereof.
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(L. 1945 p. 1141 § 1)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.090 - Sale of unredeemed chattels.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1945
430.090. Sale of unredeemed chattels. —
Unless the chattel is redeemed within three months of the completion of the expenditure of such labor, services, skill, or material, or within three months of the date agreed upon for redemption, the lien may be enforced by a sale as herein provided.
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(L. 1945 p. 1141 § 2)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.100 - Sale — notice — liens combined.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1945
430.100. Sale — notice — liens combined. —
1. Such sale shall be held only after giving not less than twenty days' notice, first, by mailing a copy of notice, by registered mail, if the address is known, addressed to the owner for whom such expenditure of labor, material, skill or services are performed, in which case a return receipt shall be evidence of due notice; second by not less than two publications in some newspaper of general circulation where the property was received and is to be sold, the last publication to be not less than twenty days prior to the date of sale; third, if no newspaper be published within the county, then by posting, not less than twenty days prior to the date of sale, five handbills in different places within the township, one of which shall be posted where the property was received and is to be sold.
2. The form of notice shall be substantially as follows:
NOTICE
Notice is hereby given that on (insert date), a sale will be held at (insert place), to sell the following articles to enforce a lien existing under the laws of the State of Missouri against such articles for labor, services, skill or material expended upon such articles at the request of the following designated persons, unless such articles are redeemed prior to the date of said sale:
Name of Owner
Description of Article
Amount of lien
__________________
__________________
__________________
__________________
__________________
__________________
__________________
Name of Lienor
3. A separate notice need not be published for each lien to be enforced, but several may be combined in one publication.
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(L. 1945 p. 1141 § 3)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.110 - Sale of articles — disposition of proceeds — excess to general revenue subject to reclamation by owner.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1972
430.110. Sale of articles — disposition of proceeds — excess to general revenue subject to reclamation by owner. —
1. If the chattel or chattels are not redeemed prior to the date of sale
*
provided in the notice required by section 430.100, the lienor may sell such articles on the day and at the place specified in such notice. The proceeds shall be distributed in the following order:
(1) To the satisfaction of the seller's lien and the necessary expenses of advertising as provided in section 430.100;
(2) To the satisfaction of any prior lien on the chattel created by any financing statement on the same, duly perfected in accordance with the laws of this state;
(3) The excess, if any, shall thereupon be deposited with the county treasurer, or city treasurer in the city of St. Louis, together with a sworn statement containing the name of the owner, description of the article, amount of lien, the amount paid to any prior lienholders, sale price, name of purchaser, cost and manner of advertising.
2. The said treasurer shall credit such excess to the general revenue fund of the county, or the city of St. Louis, subject to the right of the owner or his representative to reclaim the same at any time within three years of the date of such deposit with the treasurer, after presentation of proper evidence of ownership and obtaining an order of the county commission, or comptroller of the city of St. Louis, directed to said treasurer for the return of said excess deposit.
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(L. 1945 p. 1141 § 4, A.L. 1972 H.B. 1188)
*Word "same" appears in original rolls.
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.120 - Failure to deliver excess proceeds — penalty.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1945
430.120. Failure to deliver excess proceeds — penalty. —
Any lienor failing or refusing to deliver to said treasurer the excess proceeds of sale together with a sworn statement as required in section 430.110 within thirty days after such sale, shall be liable for double the excess proceeds of said sale, to be recovered in any court of competent jurisdiction by civil action.
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(L. 1945 p. 1141 § 6)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.130 - Actions against lienors barred.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1945
430.130. Actions against lienors barred. —
Conformity to the requirements of sections 430.080 to 430.140 shall be a perpetual bar to any action against such lienor by any person for the recovery of such chattels or the value thereof, or of any damages growing out of the failure of such person to receive such chattels.
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(L. 1945 p. 1141 § 5)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.135 - Chattels worth less than one hundred dollars deemed abandoned after year.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1959
430.135. Chattels worth less than one hundred dollars deemed abandoned after year. —
Chattels of a value not exceeding one hundred dollars, which are not redeemed within one year of the date agreed upon for redemption, shall be deemed abandoned to the lienor and thereafter the owner or depositor of the chattels shall be barred from the recovery of the chattels, or the value thereof, or of any damages growing out of the failure of the person to receive the chattels.
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(L. 1959 S.B. 285 § 430.131)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.140 - Member of armed services — exemption.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1945
430.140. Member of armed services — exemption. —
No provision in sections 430.080 to 430.140 shall apply to any member of the armed services of the United States of America until six months after his discharge from said service.
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(L. 1945 p. 1141 § 7)