1. 1. A settlement agent who accepts funds of more than two thousand five hundred dollars for closing a real estate transaction shall require a buyer, seller, or lender who is not a financial institution to convey such funds to the settlement agent as certified funds. A check shall be exempt from the provisions of this section if drawn on:

   1. (1) An escrow account of a licensed real estate broker, as regulated and described in section 339.105; or
   2. (2) An escrow account of a title insurer or title insurance agency licensed to do business in Missouri; or
   3. (3) An agency of the United States of America, the state of Missouri, or any county or municipality of the state of Missouri; or
   4. (4) An account by a financial institution.

2. 2. It is unlawful for any title insurer, title agency, or title agent, as defined in section 381.009*, to make any payment, disbursement or withdrawal from an escrow account which it maintains as a depository of funds received from the public for the settlement of real estate transactions unless a corresponding deposit of funds was made to the escrow account for the benefit of the payee or payees:

   1. (1) At least ten days prior to such payment, disbursement, or withdrawal; or
   2. (2) Which consisted of certified funds; or
   3. (3) Consisted of a check made exempt from this section by the provisions of subsection 1 of this section.
3. 3. A violation of any provision of this section is a level two violation under section 374.049.

(L. 1996 S.B. 664, A.L. 1997 S.B. 148, A.L. 2000 S.B. 894, A.L. 2007 S.B. 66, A.L. 2008 S.B. 1009)

Effective 6-10-08

*Section 381.009 was repealed by S.B. 66, 2007.