Mo. Rev. Stat. ch. 443 – Mortgages, Deeds of Trust and Mortgage Brokers | Midpage

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Revised Statutes of Missouri

Chapter 443

Mo. Rev. Stat. ch. 443

Mortgages, Deeds of Trust and Mortgage Brokers

443.005Security instrument defined 443.010Mortgage, assumption of upon purchase not construed to extend mortgage to other lands, when 443.020Claim of such extension barred, when 443.030Prior acknowledgment of deed of trust deemed valid 443.035Recording of instrument required — failure to record, effect on persons subsequently obtaining interest or lien 443.055Future advances may be secured, how — definitions — requirements — limitations — priorities — termination procedure, exceptions 443.070Affidavit required with deed of release, when — penalty for failure 443.080Satisfaction of mortgage, deed of trust or security instrument of railroad or utility, when entered 443.100Payment of one or more notes, how cancelled — memorandum on record — affidavit required, content, to be presented to recorder 443.1001Citation of law 443.1003Definitions 443.1004Designation of first-time home buyer savings account, use of — qualified beneficiary — limitations on accounts — service fee 443.1005Use of account moneys — withdrawals, subject to recapture, when, penalties — death of account holder, effect of 443.1006Annual reporting, forms — rulemaking authority 443.1007Financial institutions, actions not responsible or liable for 443.110Partial release of certain mortgages, deeds of trust or security instruments made how — conditions — requirements 443.120Penalty for making false affidavit 443.130Liability for failing to satisfy — demand by certified mail required 443.140Attorney in fact may enter satisfaction 443.150Acknowledgment and satisfaction — how made by a corporation 443.160Personal representative may satisfy and deliver deed or release 443.170Penalty for failing to acknowledge satisfaction and deliver deed of release 443.180Sections 443.160 and 443.170 construed 443.185Releases of mortgages or deeds of trust defective — deemed valid, when 443.190Petition to foreclose, where filed 443.200Petition, where filed 443.210Proceedings to be as in civil actions 443.220Who may be made parties 443.230Judgment on constructive notice 443.240Judgment on personal service 443.250Proceedings where mortgagee, secured party, mortgagor or debtor dies 443.260Judgment when personal representative is party defendant 443.270Execution to be a special fieri facias 443.280Title which purchaser acquires 443.290Mortgages and security agreements with power of sale 443.300Death of debtor, foreclosure stayed 443.310Sales, where made — number of days' notice 443.320Notice, contents — how published 443.327Sale by trustee exercising powers under security instrument — times when sale may be held — places where sale may be held 443.330Trustee failing to execute trust, parties interested may proceed, how 443.340Court to appoint sheriff or other suitable person, when — power and duties of trustee 443.350Foreign corporation or person not to act as trustee, unless domestic corporation or resident trustee be named as cotrustee — domestic corporation under no disability because articles do not contain specific power 443.355Continuance of sale by trustee without readvertisement, manner — restrictions 443.360Compensation of trustees under trust deeds 443.370Penalty for overcharging 443.380Recitals in deed prima facie evidence 443.400Redemption before sale 443.410Foreclosures by trustee's sale — how made — redemption 443.415Mortgage may be insured for certain buyers, amount, requirements 443.420Notice of redemption — how given, rights 443.430Motion for approval of bond for redemption — hearing — receiver — additional bond 443.440Certificate of sale — upon failure to redeem, deed to be executed 443.451Mortgage or deed of trust securing payment of bonds issued by interstate gas pipeline company or public utility, filing in office of secretary of state — notice — lien — refiling, effect — satisfaction, release, or cancellation, duties of secretary of state — fee — not to affect instruments filed prior to effective date of section 443.453Financial institutions to pay property tax, how 443.454Enforcement and servicing of real estate loans, federal and state law preemption 443.701Citation of law 443.702Criminal background check, fingerprint submission 443.703Definitions 443.706Licensure required, when — effective date — exemptions 443.707Loan processors and underwriters, license required 443.709Rulemaking authority — expedited review and licensing procedures permitted, when 443.711Application for licensure, form — records and fees — modification of licensure requirements permitted, when — use of NMLSR as an agent, when 443.713Findings required for licensure 443.717Prelicensing education requirements 443.719Written test required, test measures — minimum competency requirements 443.721Renewal of licensure, minimum standards 443.723Continuing education requirements 443.725Duties of director — rule requirements authorized 443.727Challenge of information in NMLSR 443.729Supervision and enforcement — civil penalty 443.731Surety bond requirements 443.733Supervisory information sharing — confidentiality requirements 443.735Investigations and examinations, authority of director 443.737Violations 443.739Reports of condition required 443.741Violations, director required to report 443.743Nonfederally insured credit unions, registration of employed loan originators required 443.745Unique identifier to be shown on applications, solicitations, or advertisements 443.747Severability clause — rulemaking authority 443.805License required to broker residential mortgage 443.807Director, power to request injunction, when 443.809Examination, powers of director to inspect records of licensed persons 443.810Penalty for violations 443.812One license issued to each broker — record required of locations where any business is conducted — supervision requirements — waiver of licensure, when — manufactured or modular home loans 443.816Residential mortgage board created — members, appointment, qualification, terms, vacancies, compensation, duties 443.817Board members to file business transactions with ethics commission — rules authorized to avoid conflict of interest 443.819Brokerage business to be operated under actual names of persons or corporations, violation, penalties 443.821License to be issued on completion of requirements — notice of denial of license to contain reasons — appeal procedure 443.823Licenses to be issued in duplicate, effective when 443.825Application content, oath and form — fingerprinting, when 443.827Applicant for license must agree to maintain certain requirements as to methods of conducting business 443.830License refused — grounds 443.833Renewal of license, date, procedure, fee — failure to renew, license becomes inactive, reactivation — expires, when 443.835Broker ceasing activity and not desiring to be licensed, procedure — director to cancel license 443.839Application by broker to open additional full-service offices, fee — certificate to be issued and posted 443.841License to be displayed 443.843Fees to be established by director — rules authorized for assessment and collection 443.845Residential mortgage licensing fund created — purpose — fees to be deposited in interest-bearing account to credit of fund — amount in fund subject to lapse into general revenue 443.849Bonding requirements 443.855Advertising of mortgage loans, rulemaking authority 443.857Licensee shall maintain at least one full-service office with staff, duties to handle matters relating to mortgage — waiver, when 443.861Transfer or sale of residential mortgage, notice to be given to mortgagor, contents 443.863Unlawful discrimination for refusal to loan or vary terms of the loan 443.865Escrow accounts, placement by brokers — authority for rules 443.867Disclosure statement required of brokers, content — fee — compensation 443.869Powers and duties of director — rulemaking authority 443.871Director may issue subpoenas and subpoenas duces tecum — authority to administer oaths 443.873Failure to comply with subpoenas, director may petition circuit court for compliance order, injunctive relief and other remedies authorized 443.875Bond may be required, conditioned on compliance with subpoena, when 443.877Writ of attachment authorized on failure to comply with subpoena 443.879Reports required, failure to comply, penalty 443.881Suspension or revocation of license, grounds — procedure, penalties 443.883Director to maintain a staff capable of investigations — licensees to open record for investigators 443.885Report to be filed with director annually, contents 443.887General rulemaking powers of director 443.889Court action to recover compensation for services, proof that services performed by valid licensee required, exception 443.891Charge in support of removal or prohibition notice issued on certain findings of conduct 443.893Receiver or conservator to be appointed by court, when — attorney general's duty 443.901Reverse mortgage act — definitions 443.903Reverse mortgage regulations 443.906Reverse mortgage may be made regardless of certain other transactions 443.909Treatment of payments for certain purposes 443.912Statement regarding counseling services on reverse mortgages 443.930Prohibited acts — constitutes mortgage fraud — no private right of action created