reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.510 - An estate limited in remainder to the son or daughter of any person to be begotten, how disposed of.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1939
442.510. An estate limited in remainder to the son or daughter of any person to be begotten, how disposed of. —
When an estate has been or shall be, by any conveyance, limited in remainder to the son or daughter, or to the use of the son or daughter of any person to be begotten, such son or daughter born after the decease of his or her father shall take the estate in the same manner as if he or she had been born in the lifetime of the father, although no estate shall have been conveyed to support the contingent remainder after his death. And hereafter an estate of freehold or of inheritance may be made to commence in future by deed, in like manner as by will.
­­--------
(RSMo 1939 § 3502)
Prior revisions: 1929 § 3112; 1919 § 2271; 1909 § 2876
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.520 - A future estate, on the death of any person without heirs, how defeated.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1939
442.520. A future estate, on the death of any person without heirs, how defeated. —
A future estate, depending on the contingency of the death of any person without heirs or issue, or children, shall be defeated by the birth of a posthumous child of such person, capable of taking by descent.
­­--------
(RSMo 1939 § 3503)
Prior revisions: 1929 § 3113; 1919 § 2272; 1909 § 2877
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.530 - Value of life estates — how computed.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1939
442.530. Value of life estates — how computed. —
When a party as tenant for life, or by the curtesy, or in dower, is entitled to the annual interest on a sum of money, or is entitled to the use of any estate, or part thereof, and is willing to accept a gross sum in lieu thereof, or the party liable for such interest, or affected by such claim, has the right to pay a gross sum in lieu thereof, or if the court in any legal proceedings adjudge or decree a gross sum to be paid in lieu thereof, the sum shall be estimated according to the then value of an annuity of six percent on the principal sum during the probable life of such person, according to the following table, showing the present value, on the basis of six percent interest, of an annuity of one dollar, according to the Carlisle tables of mortality, payable at the end of every year that a person of a given age may be living for the ages therein stated:
TABLE
Age
Present value
Age
Present value
0
$10.439
52
10.208
1
12.078
53
9.988
2
12.925
54
9.761
3
13.652
55
9.524
4
14.042
56
9.280
5
14.325
57
9.027
6
14.460
58
8.772
7
14.518
59
8.529
8
14.526
60
8.304
9
14.500
61
8.108
10
14.448
62
7.913
11
14.384
63
7.714
12
14.321
64
7.502
13
14.257
65
7.281
14
14.191
66
7.049
15
14.126
67
6.803
16
14.067
68
6.546
17
14.012
69
6.277
18
13.956
70
5.998
19
13.897
71
5.704
20
13.835
72
5.424
21
13.769
73
5.170
22
13.697
74
4.944
23
13.621
75
4.760
24
13.541
76
4.579
25
13.456
77
4.410
26
13.368
78
4.238
27
13.275
79
4.040
28
13.182
80
3.858
29
13.096
81
3.656
30
13.020
82
3.474
31
12.942
83
3.286
32
12.860
84
3.102
33
12.771
85
2.909
34
12.675
86
2.739
35
12.573
87
2.599
36
12.465
88
2.515
37
12.354
89
2.417
38
12.239
90
2.266
39
12.120
91
2.248
40
12.002
92
2.337
41
11.890
93
2.440
42
11.779
94
2.492
43
11.668
95
2.522
44
11.551
96
2.486
45
11.428
97
2.368
46
11.296
98
2.227
47
11.154
99
2.004
48
10.998
100
1.596
49
10.823
101
1.175
50
10.631
102
0.744
51
10.422
103
0.314
­­--------
(RSMo 1939 § 3522)
Prior revisions: 1929 § 3132; 1919 § 7547; 1909 § 8499
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.540 - Rule of calculation.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1939
442.540. Rule of calculation. —
Calculate the interest at six percent upon the sum to the income of which, or upon the value of the property to the use of which, the person is entitled; multiply this interest by the present value of an annuity of one dollar, as set opposite the person's age in the table, and the product will be the gross value of the life estate of such person therein. The age of such person as indicated by the birthday nearest to the time when said computation is made shall be taken to be the age of such person in making said computation.
­­--------
(RSMo 1939 § 3523)
Prior revisions: 1929 § 3133; 1919 § 7548; 1909 § 8500
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.550 - Examples.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1939
442.550. Examples. —
Suppose a person whose age is forty-two is tenant for life in the whole of an estate worth ten thousand five hundred dollars; the annual interest on that sum at six percent is six hundred and thirty dollars. The present value of an annuity of one dollar at the age of forty-two, as appears by the table, is eleven dollars and seventy-seven cents and nine mills, which multiplied by six hundred and thirty dollars, gives seven thousand four hundred and twenty dollars and seventy-seven cents as the gross value of such life estate in the premises, or the proceeds thereof. Again suppose a widow whose age is thirty-six is entitled to dower in real estate worth twelve thousand dollars; interest on four thousand dollars, the third part thereof, for one year, is two hundred and forty dollars, which, multiplied by twelve dollars and forty-six cents and five mills, the present value of annuity of one dollar at the age of thirty-six, as appears by the table, gives two thousand nine hundred and ninety-one dollars and sixty cents, as the gross value of such dower.
­­--------
(RSMo 1939 § 3524)
Prior revisions: 1929 § 3134; 1919 § 7549; 1909 § 8501
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.555 - Rule against perpetuities, application of modified.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 02 Jan 1979, see footnote
442.555. Rule against perpetuities, application of modified. —
1. When any limitation or provision violates the rule against perpetuities or a rule or policy corollary thereto and the instrument containing the limitation or provision also contains other limitations or provisions which do not in themselves violate the rule against perpetuities or any such rule or policy, the other limitations or provisions shall be valid and effective in accordance with their terms unless the limitation or provision which violates the rule against perpetuities or such rule or policy is manifestly so essential to the dispositive scheme of the grantor, settlor or testator that it is inferable that he would not wish the limitations or provisions which do not in themselves violate the rule against perpetuities to stand alone. Doubts as to the probable wishes of the grantor, settlor or testator shall be resolved in favor of the validity of limitations and provisions.
2. When any limitation or provision violates the rule against perpetuities or a rule or policy corollary thereto and reformation would more closely approximate the primary purpose or scheme of the grantor, settlor or testator than total invalidity of the limitation or provision, upon the timely filing of a petition in a court of competent jurisdiction, by any party in interest, all parties in interest having been served by process, the limitation or provision shall be reformed, if possible, to the extent necessary to avoid violation of the rule or policy and, as so reformed, shall be valid and effective.
3. This section shall not apply to any limitation or provision as to which the period of the rule against perpetuities has begun to run prior to the first day of November in the year in which this section becomes effective.
­­--------
(L. 1965 p. 628 § 1, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.557 - General power of appointment exercisable at death of donee, perpetuities period to run from death of donee.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1993
442.557. General power of appointment exercisable at death of donee, perpetuities period to run from death of donee. —
In determining the validity of limitations appointed in the exercise of a general power of appointment exercisable only at the death of the donee of the power by will or other instrument, or of limitations in default of such appointment, the perpetuities period and any similar period shall run from the death of the donee of the power and not from the time of creation of the power.
­­--------
(L. 1993 S.B. 277)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.560 - Aliens and corporations of foreign countries may acquire, hold and alienate real estate — exception.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1995
442.560. Aliens and corporations of foreign countries may acquire, hold and alienate real estate — exception. —
Except as provided in sections 442.560 to 442.591, persons not citizens of the United States and not residents of the United States or of some territory, trusteeship, or protectorate of the United States, and corporations not created by or under the laws of the United States or of some state, territory, trusteeship, or protectorate of the United States shall be capable of acquiring, by grant, purchase, devise or descent, real estate except agricultural land as defined in section 442.566, or any interest therein, in this state, and of owning, holding, devising, or alienating the same, and shall incur the like duties and liabilities in relation thereto as if they were citizens of the United States and residents of this state. The provisions of sections 442.560 to 442.591 shall not apply to agricultural land located in counties which border the state of Oklahoma which was owned by such a person described in this section prior to January 1, 1995.
­­--------
(RSMo 1939 § 15228, A.L. 1965 p. 632, A.L. 1978 S.B. 685, A.L. 1995 H.B. 211)
Prior revisions: 1929 § 14011; 1919 § 590; 1909 § 748
CROSS REFERENCE:
Title by descent, alienage not a bar, 474.100
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.566 - Definitions.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1993
442.566. Definitions. —
As used in sections 442.560 to 442.591, unless the context clearly requires otherwise, the following terms mean:
(1)
"Agricultural land"
, any tract of land in this state consisting of more than five acres, whether inside or outside the corporate limits of any municipality, which is capable, without substantial modification to the character of the land, of supporting an agricultural enterprise, including but not limited to land used for the production of agricultural crops or fruit or other horticultural products, or for the raising or feeding of animals for the production of livestock or livestock products, poultry or poultry products, or milk or dairy products. Adjacent parcels of land under the same ownership shall be deemed to be a single tract;
(2)
"Alien"
, any person who is not a citizen of the United States and who is not a resident of the United States or of some state, territory, trusteeship, or protectorate of the United States;
(3)
"Director"
, the director of the Missouri department of agriculture;
(4)
"Family members"
includes all persons within the ninth degree of consanguinity, or the living or surviving spouse of any person within the ninth degree of consanguinity;
(5)
"Foreign business"
, any business entity whether or not incorporated, including but not limited to corporations, partnerships, limited partnerships, and associations, in which a controlling interest is owned by aliens. In determining ownership of a foreign business, legal fictions such as corporate form or trust shall be disregarded;
(6)
"Residence"
, the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, where he intends to remain permanently or for an indefinite period of time at least.
­­--------
(L. 1978 S.B. 685 § 2, A.L. 1993 H.B. 566 merged with S.B. 84)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.576 - Duties of director of agriculture and attorney general — court to order divestiture — when to be accomplished — failure.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 11 Oct 2013, see footnote
*442.576. Duties of director of agriculture and attorney general — court to order divestiture — when to be accomplished — failure. —
1. If the director finds that an alien or foreign business or an agent, trustee, or other fiduciary therefor has acquired agricultural land in Missouri in violation of sections 442.560 to 442.592, or the land ceases to be used for nonagricultural purposes under section 442.591, he or she shall report the violation to the attorney general.
2. The attorney general shall institute an action in the circuit court of Cole County or the circuit court in any county in which agricultural land owned by the alien or foreign business, agent, trustee or other fiduciary, alleged to have violated sections 442.560 to 442.592, is located.
3. The attorney general shall file a notice of the pendency of the action with the recorder of deeds of each county in which any portion of such agricultural lands is located. If the court finds that the lands in question have been acquired in violation of sections 442.560 to 442.592, it shall enter an order so declaring and shall file a copy of the order with the recorder of deeds of each county in which any portion of the agricultural lands is located. The court shall order the owner to divest himself of the agricultural land. The owner must comply with the order within two years. The two-year limitation period shall be a covenant running with the title to the land against any alien grantee or assignee. Provided, however, an incorporated foreign business must divest itself of agricultural land within the minimum time required by Article XI, Section 5
**
, of the Missouri Constitution. Any agricultural lands not divested within the time prescribed shall be ordered sold by the court at a public sale in the manner prescribed by law for the foreclosure of a mortgage on real estate for default in payment.
­­--------
(L. 1978 S.B. 685 § 4, A.L. 2013 S.B. 9)
*Effective 10-11-13, see § 21.250. S.B. 9 was vetoed July 2, 2013. The veto was overridden on September 11, 2013.
**Article XI, Section 5, was repealed August 2, 1988, HJR 80, Sec. 1.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.581 - Lease deemed to be ownership, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1978
442.581. Lease deemed to be ownership, when. —
Any person who obtains a lease on agricultural land for a term of ten years or longer or a lease renewable at his option for terms which might total ten years has acquired agricultural land within the meaning of sections 442.560 to 442.591.
­­--------
(L. 1978 S.B. 685 § 5)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.586 - Lands owned by resident aliens — cessation of residence — failure to divest, effect.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1999
442.586. Lands owned by resident aliens — cessation of residence — failure to divest, effect. —
Sections 442.560 to 442.591 shall not apply to agricultural land now owned in this state by aliens or foreign businesses so long as it is held by the present owners or their direct descendants including any trust for the benefit of either and any legal person owned or controlled by either including but not limited to corporations, limited liability corporations, partnerships, and limited liability partnerships, nor to any alien who is or shall take up bona fide residence in the United States; and any alien who is or shall become a bona fide resident of the United States shall have the right to acquire and hold agricultural lands in this state upon the same terms as citizens of the United States during the continuance of such bona fide residence in the United States; except, that if any resident alien shall cease to be a bona fide resident of the United States, such alien shall have two years from the time he ceased to be a bona fide resident in which to divest himself of such agricultural lands. Any agricultural lands not divested within the time prescribed shall be ordered sold by the court at a public sale in the manner prescribed by law for the foreclosure of a mortgage on real estate for default in payment.
­­--------
(L. 1978 S.B. 685 § 6, A.L. 1993 H.B. 566 merged with S.B. 84, A.L. 1999 H.B. 708)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.591 - Exceptions.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1979
442.591. Exceptions. —
The restrictions set forth in sections 442.560 to 442.592 shall not apply to agricultural land or any interest therein acquired by an alien or foreign business for immediate or potential use in nonfarming purposes. An alien or foreign business may hold such agricultural land in such acreage as may be necessary to its nonfarm business operation; provided, however, that pending the development of agricultural land for nonfarm purposes, such land may not be used for farming except under lease to a family farm unit; a family farm corporation defined in section 350.010; an alien or foreign business which has filed with the director under sections 442.560 to 442.592; or except when controlled through ownership, options, leaseholds or other agreements by a corporation which has entered into an agreement with the United States of America pursuant to the New Community Act of 1968 (Title IV of the Housing and Urban Development Act of 1969, 42 U.S.C. 3901-3914), as amended, or a subsidiary or assignee of such a corporation.
­­--------
(L. 1978 S.B. 685 § 7, A.L. 1979 S.B. 34)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.600 - Psychologically impacted real property, defined — disclosure to buyer not mandatory — no cause of action for failure to disclose.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1991, 2 histories
442.600. Psychologically impacted real property, defined — disclosure to buyer not mandatory — no cause of action for failure to disclose. —
1. The fact that a parcel of real property, or any building or structure thereon, may be a psychologically impacted real property, or may be in close proximity to a psychologically impacted real property shall not be a material or substantial fact that is required to be disclosed in a sale, exchange or other transfer of real estate.
2.
"Psychologically impacted real property"
is defined to include:
(1) Real property in which an occupant is, or was at any time, infected with human immunodeficiency virus or diagnosed with acquired immune deficiency syndrome, or with any other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place; or
(2) Real property which was the site of a homicide or other felony, or of a suicide.
3. No cause of action shall arise nor may any action be brought against any real estate agent or broker for the failure to disclose to a buyer or other transferee of real estate that the transferred real property was a psychologically impacted real property.
­­--------
(L. 1991 S.B. 138 § 10)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.606 - Methamphetamine production, seller of property to disclose to buyer such production and certain criminal convictions.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 2001
442.606. Methamphetamine production, seller of property to disclose to buyer such production and certain criminal convictions. —
1. In the event that any parcel of real property to be sold, exchanged or transferred is or was used as a site for methamphetamine production, the seller or transferor shall disclose in writing to the buyer or transferee the fact that methamphetamine was produced on the premises, provided that the seller or transferor had knowledge of such prior methamphetamine production. The seller or transferor shall disclose any prior knowledge of methamphetamine production, regardless of whether the persons involved in the production were convicted for such production.
2. A seller or transferor of any parcel of real property shall disclose in writing the fact that any premises to be sold or transferred either was the place of residence of a person convicted of any of the following crimes, or was the storage site or laboratory for any of the substances for which a person was convicted of any of the following crimes, provided that the seller or transferor knew or should have known of such convictions:
(1) Creation of a controlled substance in violation of section 579.110
*
;
(2) Possession of ephedrine with intent to manufacture methamphetamine in violation of section 195.246
**
;
(3) Unlawful use of drug paraphernalia with the intent to manufacture methamphetamine in violation of subsection 2 of section 579.074
*
;
(4) Endangering the welfare of a child by any of the means described in subdivision (4) or (5) of subsection 1 of section 568.045; or
(5) Any other crime related to methamphetamine, its salts, optical isomers and salts of its optical isomers either in chapter 195, or in any other provision of law.
­­--------
(L. 2001 S.B. 89 & 37)
*Section 195.420 was transferred to section 579.110 and section 195.233 was transferred to section 579.074 by S.B. 491, 2014, effective 1-01-17.
**Section 195.246 was repealed by S.B. 491, 2014, effective 1-01-17.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.005 - Security instrument defined.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
Effective - 28 Aug 1993
443.005. Security instrument defined. —
"Security instrument"
, as that term is used in this chapter, shall mean any mortgage, deed of trust or other real property security instrument securing the payment or satisfaction of any debt or other obligation.
­­--------
(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 443.010 - Mortgage, assumption of upon purchase not construed to extend mortgage to other lands, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1939
443.010. Mortgage, assumption of upon purchase not construed to extend mortgage to other lands, when. —
Where, by any deed which shall be hereafter executed, two or more lots or tracts of land or interests in such shall be conveyed, and upon one or more of such tracts or lots there shall be any mortgage or deed of trust, or lien or encumbrance not covering the other or others of such tracts, the payment of which shall be assumed in said deed, or where such mortgage or deed of trust or encumbrance shall be so recited in said deed that the payment of it might be claimed to constitute a part of the consideration of such deed, such mortgage or deed of trust or other encumbrance shall not be held by reason of such assumption or recital to constitute a vendor's lien upon, or to affect in any way, any property other than that specifically covered by such mortgage or deed of trust or other encumbrance unless it be clearly and in express words provided and set forth in said deed that it is intended by such assumption or recital to fasten such mortgage or deed of trust or other encumbrance as a vendor's lien upon any of the property conveyed, other than that specifically and prior thereto covered by it.
­­--------
(RSMo 1939 § 3448)
Prior revisions: 1929 § 3061; 1919 § 2220
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.020 - Claim of such extension barred, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1949
443.020. Claim of such extension barred, when. —
Where heretofore such a deed has been executed containing such assumption or recitals, which might be claimed to fasten such mortgage or deed of trust or other encumbrance as a vendor's lien upon land other than that specifically covered by such mortgage or deed of trust or other encumbrance but in which the intention to create such vendor's lien is not clearly set forth, then such vendor's lien shall not be held to have been created, nor shall it be enforced, unless the party claiming or who might claim same shall, within two years after the indebtedness secured by such vendor's lien shall become due, file suit in the proper court against the owner of such land and against other parties shown by the public records of the county to be interested in said land, to ascertain and adjudge the existence of such vendor's lien and its priority as to other encumbrances or liens, and to foreclose such vendor's lien.
­­--------
(RSMo 1939 § 3449, A. 1949 S.B. 1125)
Prior revisions: 1929 § 3062; 1919 § 2221
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.030 - Prior acknowledgment of deed of trust deemed valid.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1939
443.030. Prior acknowledgment of deed of trust deemed valid. —
That in the absence of fraud, every acknowledgment of a deed of trust conveying any real estate in this state, taken before the trustee in said deed named, at least one year prior to the date this section shall take effect, shall be deemed valid and binding, and the fact that such acknowledgment was taken before said trustee shall not in any manner affect the title to the real estate therein described, in the hands of a purchaser who in good faith has purchased, or shall hereafter purchase, such real estate at a trustee's sale held in accordance with and under the terms of said deed of trust.
­­--------
(RSMo 1939 § 3409)
Prior revision: 1929 § 3022
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.035 - Recording of instrument required — failure to record, effect on persons subsequently obtaining interest or lien.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1993
443.035. Recording of instrument required — failure to record, effect on persons subsequently obtaining interest or lien. —
1. Security instruments may be assigned by instrument in writing, acknowledged by the assignor in the manner provided for the acknowledgment of other instruments affecting the title to real property, and may be recorded in the office of the recorder of deeds in the county or counties in which the security instrument being assigned was recorded.
2. Any person who acquires an interest in or a lien upon real property for value and without notice of an unrecorded assignment of a security instrument recorded on or after January 1, 1986, and who has relied upon a release of such security instrument executed by the party last shown of record to be the owner thereof, shall acquire the interest in or lien upon such real property free from the lien of the security instrument to the same extent as if the release upon which reliance was placed had been executed by the lawful holder of the debt or other obligation secured by such security instrument.
3. No recorder of deeds in this state shall accept for record any security instrument or
*
assignment thereof in which the mortgagee, cestui que trust or assignee is named as bearer or the actual identity of the mortgagee, cestui que trust or assignee is otherwise not ascertainable from the face of the security instrument or assignment. All security instruments and assignments thereof presented for record shall contain the mailing address of the mortgagee, cestui que trust or assignee except, that the omission thereof shall not affect the validity of any security instrument or assignment, or the constructive notice imparted by the record thereof.
­­--------
(L. 1985 H.B. 210, A.L. 1993 H.B. 105 & 480)
*Word "of" appears in original rolls.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.070 - Affidavit required with deed of release, when — penalty for failure.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 01 Jan 1986, see footnote
443.070. Affidavit required with deed of release, when — penalty for failure. —
Every person who shall execute a deed of release of a security instrument recorded prior to January 1, 1986, shall at the same time of making and delivering such release deed, make and deliver the affidavit required by section 443.060 unless such deed of release states that the indebtedness remains unpaid in whole or in part; and a neglect or refusal to do so shall subject the party or person thus neglecting or refusing to the same penalties as provided by law in case of refusing to satisfy security instruments when paid. The affidavit named in this section may be endorsed upon the deed of release and recorded with it.
­­--------
(RSMo 1939 § 3466, A.L. 1975 H.B. 226, A.L. 1985 H.B. 210)
Prior revisions: 1929 § 3079; 1919 § 2238; 1909 § 2845
Effective 1-01-86
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.080 - Satisfaction of mortgage, deed of trust or security instrument of railroad or utility, when entered.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 01 Jan 1986, see footnote
443.080. Satisfaction of mortgage, deed of trust or security instrument of railroad or utility, when entered. —
The trustee, or trustees, in any security instrument given or which may hereafter be given by a railroad company or other public utility company which is subject to the regulation of the motor carrier and railroad safety division of the department of economic development, or successors, upon its property or any part thereof, may enter satisfaction of said security instrument upon the records where the same has been recorded. Where such security instrument was recorded prior to January 1, 1986, without producing the bonds, notes or coupons secured by said security instrument, satisfaction shall not be entered unless the trustee, or if said trustee is a corporation, its president or vice president, and the president or vice president of the railroad company or other public utility company, or of its successors or assigns, shall make and file with the recorder affidavits stating that all of the bonds, notes or coupons secured by said security instrument have been paid or that sufficient funds have been deposited with a bank or trust company to pay all the bonds, notes or coupons still outstanding and unpaid; and that said money is deposited for the express purpose of paying said bonds, notes or coupons when the same shall be presented at said bank or trust company for payment.
­­--------
(RSMo 1939 § 3467, A.L. 1947 V. I p. 229, A.L. 1985 H.B. 210)
Prior revisions: 1929 § 3080; 1919 § 2239; 1909 § 2846
Effective 1-01-86
CROSS REFERENCE:
Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.090 - Part of property may be released, how.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1991
443.090. Part of property may be released, how. —
In case any person desires to release any part of the property described in any security instrument recorded prior to January 1, 1986, by deed of release, he shall be permitted to do so by the recorder on presentation to the recorder of the notes or other obligations evidencing the principal of the debt secured thereby, or accounting for them by affidavits or otherwise as now or hereafter provided by law in the case of full release, and the recorder shall note the fact of the filing for record of such partial release on such notes or obligations in substantially the following form:
"See partial release dated
________________________________________
_____________________
Recorder"
­­and of the presentation of such notes or other obligations, or accounting therefor, on the deed of release prior to its recordation, but shall not cancel such notes or other obligations. Nothing in this section shall be construed as making it necessary for any trustee named in the security instrument to join in such partial deed of release.
­­--------
(RSMo 1939 § 3468, A.L. 1985 H.B. 210, A.L. 1991 S.B. 364)
Prior revisions: 1929 § 3081; 1919 § 2240; 1909 § 2847
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.100 - Payment of one or more notes, how cancelled — memorandum on record — affidavit required, content, to be presented to recorder.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1994
443.100. Payment of one or more notes, how cancelled — memorandum on record — affidavit required, content, to be presented to recorder. —
In cases where a number of notes are named in any security instrument which was recorded prior to January 1, 1986, on payment of any one or more of such notes, the maker thereof may make affidavit as to such payment, which such affidavit shall refer to the security instrument by book and page of record and contain a description of the land encumbered thereby and shall present the same along with the note or notes to the recorder, and the recorder shall cancel the notes and make a memorandum of such presentation and cancellation on the margin of the affidavit, which shall then be filed for record.
­­--------
(RSMo 1939 § 3469, A.L. 1985 H.B. 210, A.L. 1994 H.B. 1312)
Prior revisions: 1929 § 3082; 1919 § 2241; 1909 § 2848
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.120 - Penalty for making false affidavit.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1939
443.120. Penalty for making false affidavit. —
Any person who shall swear falsely in making any of the affidavits provided for in sections 443.060, 443.070, 443.090 and 443.100 shall be deemed to be guilty of perjury, and on conviction, shall be punished as may be provided by law for such offense.
­­--------
(RSMo 1939 § 3471)
Prior revisions: 1929 § 3084; 1919 § 2243; 1909 § 2849
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.130 - Liability for failing to satisfy — demand by certified mail required.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 2004
443.130. Liability for failing to satisfy — demand by certified mail required. —
1. If the secured party, receiving satisfaction for the debt secured pursuant to this chapter, does not, within forty-five days after request and tender of costs, submit for recording a sufficient deed of release, such secured party shall be liable to the mortgagor for the lesser of an amount of three hundred dollars a day for each day, after the forty-fifth day, that the secured party fails to submit for recording a sufficient deed of release or ten percent of the amount of the security instrument, plus court costs and attorney fees to be recovered in any court of competent jurisdiction. In the event a document submitted for recording by a secured party is rejected for recording for any reason, such secured party shall have sixty days following receipt of notice that the document has been rejected in which to submit a recordable and sufficient deed of release.
2. To qualify under this section, the mortgagor or his or her agent shall provide the request in the form of a demand letter to the secured party by certified mail, return receipt requested or in another form that provides evidence of the date of receipt to the mortgagor. The letter shall include good and sufficient evidence that the debt secured by the deed of trust was satisfied with good funds, and the expense of filing and recording the release was advanced.
3. In any action against such person who fails to release the lien as provided in subsections 1 and 2 of this section, the plaintiff, or his or her attorney, shall prove at trial that the plaintiff notified the holder of the note by certified mail, return receipt requested, or as otherwise permitted by subsection 2 of this section.
­­--------
(RSMo 1939 § 3472, A.L. 1994 H.B. 1312, A.L. 1996 H.B. 1432, A.L. 2004 H.B. 959)
Prior revisions: 1929 § 3085; 1919 § 2244; 1909 § 2850
(1996) Cost means the recorder of deeds' fee for releasing the deed of trust. Murray v. Fleet Mortgage Corp., 936 S.W.2d 212 (Mo.App. E.D.).
(1996) This section requires a deed of release be delivered to the party making the satisfaction. Masterson v. Roosevelt Bank, 919 S.W.2d 9 (Mo.App. E.D.).
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.140 - Attorney in fact may enter satisfaction.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1994
443.140. Attorney in fact may enter satisfaction. —
Any attorney in fact, to whom the money due on any security instrument is paid, shall have power to execute a release, as specified in section 443.060. Such deed of release, duly acknowledged and recorded, shall have the effect to release the security instrument, and bar all actions brought thereon, and revest in the mortgagor, or person who executed the security instrument, or his legal representatives, all title to the property contained in such security instrument.
­­--------
(RSMo 1939 § 3473, A.L. 1994 H.B. 1312)
Prior revisions: 1929 § 3086; 1919 § 2245; 1909 § 2851
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.150 - Acknowledgment and satisfaction — how made by a corporation.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1994
443.150. Acknowledgment and satisfaction — how made by a corporation. —
Hereafter any president, vice president, secretary, treasurer or cashier of any corporation may, in the name and on behalf of such corporation, execute releases of any security instrument by release deed, with the same force and effect and in like manner as if executed by the president of such corporation.
­­--------
(RSMo 1939 § 3474, A.L. 1994 H.B. 1312)
Prior revisions: 1929 § 3087; 1919 § 2246
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.160 - Personal representative may satisfy and deliver deed or release.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1994
443.160. Personal representative may satisfy and deliver deed or release. —
The personal representative of the holder or owner of any indebtedness secured by any security instrument, shall, if such indebtedness had been paid to the decedent in such decedent's lifetime, upon request of the owner or owners of the property conveyed by such security instrument, deliver to such person a sufficient deed of release of such security instrument.
­­--------
(RSMo 1939 § 3476, A.L. 1994 H.B. 1312)
Prior revisions: 1929 § 3089; 1919 § 2248; 1909 § 2853
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.170 - Penalty for failing to acknowledge satisfaction and deliver deed of release.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1994
443.170. Penalty for failing to acknowledge satisfaction and deliver deed of release. —
If such personal representative, upon satisfactory proof produced to the personal representative of the payment of such indebtedness to the decedent, does not, within thirty days after request and tender of expenses, deliver to the person owning the property a sufficient deed of release, the personal representative shall personally forfeit to the party aggrieved ten percent of the amount of the security instrument, absolutely, and any other damages such aggrieved party may be able to prove such party has sustained, to be recovered in any court of competent jurisdiction.
­­--------
(RSMo 1939 § 3477, A.L. 1994 H.B. 1312)
Prior revisions: 1929 § 3090; 1919 § 2249; 1909 § 2854
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.180 - Sections 443.160 and 443.170 construed.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1939
443.180. Sections 443.160 and 443.170 construed. —
Nothing contained in sections 443.160 and 443.170 shall be so construed as to make any executor or administrator liable to his decedent's estate for any indebtedness by mortgage or deed of trust, released by him in accordance with this chapter.
­­--------
(RSMo 1939 § 3478)
Prior revisions: 1929 § 3091; 1919 § 2250; 1909 § 2855
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.185 - Releases of mortgages or deeds of trust defective — deemed valid, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1951
443.185. Releases of mortgages or deeds of trust defective — deemed valid, when. —
Any and all releases of mortgages and deeds of trust on lands in this state, securing the payment of any debt or obligation, which have been recorded in the office of the recorder of deeds in the county in which such land is located for ten years or more, and which purport to release any such mortgage or deed of trust and the debt or obligation secured thereby, and which purport to have been executed by the mortgagee or cestui que trust of such mortgage or deed of trust, or by his agent or attorney, or by any assignee, or his agent or attorney, or by the executor or administrator of any deceased mortgagee or cestui que trust, or of any deceased assignee, or by any person acting for a corporation which is either the mortgagee or the cestui que trust, or the assignee, of said mortgage or deed of trust, shall be deemed to be valid, and the lien of such mortgage or deed of trust shall be deemed to be cancelled and discharged, notwithstanding any defect in the execution, acknowledgment, certificate of acknowledgment, recording or certificate of recording of the same; except that this section shall not apply to any mortgage or deed of trust unless the debt or obligation secured thereby has been due and payable for at least ten years. Any person desiring to assert any right or claim which would be barred by this section may do so by bringing an appropriate action to establish such right or claim, at any time within two years after the passage of this section, but not thereafter.
­­--------
(L. 1951 p. 746)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.190 - Petition to foreclose, where filed.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1965
443.190. Petition to foreclose, where filed. —
All mortgagees of real estate or persons holding security interests in personal estate, including leasehold interests, when the debt or damages secured amount to fifty dollars or more, may file a petition in the office of the circuit court against the mortgagor or the debtor and the actual tenants or occupiers of the real estate, or persons in possession of personal property, setting forth the substance of the mortgage deed or security agreement, and praying that judgment may be rendered for the debt or damages, and that the equity of redemption may be foreclosed, and the mortgaged property or collateral sold to satisfy the amount due.
­­--------
(RSMo 1939 § 3447, A.L. 1965 p. 114)
Prior revisions: 1929 § 3060; 1919 § 2219; 1909 § 2828
CROSS REFERENCE:
Right to foreclose barred when note barred, 516.150
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.200 - Petition, where filed.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1939
443.200. Petition, where filed. —
If any part of the property be real estate, the petition may be filed in any county where any part of the mortgaged premises is situated; if it be exclusively personal estate, it may be filed and proceeded with as in other civil actions.
­­--------
(RSMo 1939 § 3452)
Prior revisions: 1929 § 3065; 1919 § 2224; 1909 § 2831
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.210 - Proceedings to be as in civil actions.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1939
443.210. Proceedings to be as in civil actions. —
The issue, service and return of summons and executions, and all proceedings under sections 443.010 to 443.440, shall be subject to and governed by the law regulating proceedings in civil suits, except as otherwise herein provided.
­­--------
(RSMo 1939 § 3455)
Prior revisions: 1929 § 3068; 1919 § 2227; 1909 § 2834
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers › Section 443.220 - Who may be made parties.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 443
• Effective - 28 Aug 1965
443.220. Who may be made parties. —
Any person claiming an interest in the mortgaged property or collateral may, on motion, be made defendant to the proceedings, and may answer in avoidance or bar of the deed, security agreement, or debt or damages and issue shall be made and tried as in other civil suits.
­­--------
(RSMo 1939 § 3456, A.L. 1965 p. 114)
Prior revisions: 1929 § 3069; 1919 § 2228; 1909 § 2835