Missouri Revised Statutes

Chapter 443
Mortgages, Deeds of Trust and Mortgage Brokers

(View Entire Chapter)

August 28, 2013
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Sections:
443.005. Security instrument defined.
443.010. Mortgage, assumption of upon purchase not construed to extend mortgage
to other lands, when.
443.020. Claim of such extension barred, when.
443.030. Prior acknowledgment of deed of trust deemed valid.
443.035. Recording of instrument required--failure to record, effect on persons
subsequently obtaining interest or lien.
443.055. Future advances may be secured,
how--definitions--requirements--limitations--priorities--termination
procedure, exceptions.
443.060. Acknowledgment of satisfaction and release, how made.
443.070. Affidavit required with deed of release, when--penalty for failure.
443.080. Satisfaction of mortgage, deed of trust or security instrument of
railroad or utility, when entered.
443.090. Part of property may be released, how.
443.100. Payment of one or more notes, how cancelled--memorandum on
record--affidavit required, content, to be presented to recorder.
443.110. Partial release of certain mortgages, deeds of trust or security
instruments made how--conditions--requirements.
443.120. Penalty for making false affidavit.
443.130. Liability for failing to satisfy--demand by certified mail required.
443.140. Attorney in fact may enter satisfaction.
443.150. Acknowledgment and satisfaction--how made by a corporation.
443.160. Personal representative may satisfy and deliver deed or release.
443.170. Penalty for failing to acknowledge satisfaction and deliver deed of
release.
443.180. Sections 443.160 and 443.170 construed.
443.185. Releases of mortgages or deeds of trust defective--deemed valid, when.
443.190. Petition to foreclose, where filed.
443.200. Petition, where filed.
443.210. Proceedings to be as in civil actions.
443.220. Who may be made parties.
443.230. Judgment on constructive notice.
443.240. Judgment on personal service.
443.250. Proceedings where mortgagee, secured party, mortgagor or debtor dies.
443.260. Judgment when personal representative is party defendant.
443.270. Execution to be a special fieri facias.
443.280. Title which purchaser acquires.
443.290. Mortgages and security agreements with power of sale.
443.300. Death of debtor, foreclosure stayed.
443.310. Sales, where made--number of days' notice.
443.320. Notice, contents--how published.
443.325. Individual notice of foreclosure sale--form of request for--recorder's
duty--foreclosing part to give notice--release of security instrument,
effect of--notice deemed given, when.
443.327. Sale by trustee exercising powers under security instrument--times
when sale may be held--places where sale may be held.
443.330. Trustee failing to execute trust, parties interested may proceed, how.
443.340. Court to appoint sheriff or other suitable person, when--power and
duties of trustee.
443.350. Foreign corporation or person not to act as trustee, unless domestic
corporation or resident trustee be named as cotrustee--domestic
corporation under no disability because articles do not contain
specific power.
443.355. Continuance of sale by trustee without readvertisement,
manner--restrictions.
443.360. Compensation of trustees under trust deeds.
443.370. Penalty for overcharging.
443.380. Recitals in deed prima facie evidence.
443.390. Trustee's deed not to be accepted by recorder in certain cities or
counties unless unpaid notes are produced--duties of recorder.
443.400. Redemption before sale.
443.410. Foreclosures by trustee's sale--how made--redemption.
443.415. Mortgage may be insured for certain buyers, amount, requirements.
443.420. Notice of redemption--how given, rights.
443.430. Motion for approval of bond for
redemption--hearing--receiver--additional bond.
443.440. Certificate of sale--upon failure to redeem, deed to be executed.
443.451. Mortgage 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.
443.453. Financial institutions to pay property tax, how.
443.454. Enforcement and servicing of real estate loans, federal and state law
preemption.
443.701. Citation of law.
443.703. Definitions.
443.706. Licensure required, when--effective date--exemptions.
443.707. Loan processors and underwriters, license required.
443.709. Rulemaking authority--expedited review and licensing procedures
permitted, when.
443.711. Application for licensure, form--records and fees--modification of
licensure requirements permitted, when--use of NMLSR as an agent,
when.
443.713. Findings required for licensure.
443.717. Prelicensing education requirements.
443.719. Written test required, test measures--minimum competency requirements.
443.721. Renewal of licensure, minimum standards.
443.723. Continuing education requirements.
443.725. Duties of director--rule requirements authorized.
443.727. Challenge of information in NMLSR.
443.729. Supervision and enforcement--civil penalty.
443.731. Surety bond requirements.
443.733. Supervisory information sharing--confidentiality requirements.
443.735. Investigations and examinations, authority of director.
443.737. Violations.
443.739. Reports of condition required.
443.741. Violations, director required to report.
443.743. Nonfederally insured credit unions, registration of employed loan
originators required.
443.745. Unique identifier to be shown on applications, solicitations, or
advertisements.
443.747. Severability clause--rulemaking authority.
443.800. (Repealed L. 2009 H.B. 382 A)
443.803. (Repealed L. 2009 H.B. 382 A)
443.805. License required to broker residential mortgage, exceptions.
443.807. Director, power to request injunction, when.
443.809. Examination, powers of director to inspect records of licensed
persons.
443.810. Penalty for violations.
443.812. One license issued to each broker--record required of locations where
any business is conducted--supervision requirements--waiver of
licensure, when.
443.816. Residential mortgage board created--members, appointment,
qualification, terms, vacancies, compensation, duties.
443.817. Board members to file business transactions with ethics
commission--rules authorized to avoid conflict of interest.
443.819. Brokerage business to be operated under actual names of persons or
corporations, violation, penalties.
443.821. License to be issued on completion of requirements--notice of denial
of license to contain reasons--appeal procedure.
443.823. Licenses to be issued in duplicate, effective when.
443.825. Application content, oath and form.
443.827. Applicant for license must agree to maintain certain requirements as
to methods of conducting business.
443.830. License refused--grounds.
443.833. Renewal of license, date, procedure, fee--failure to renew, license
becomes inactive, reactivation--expires, when.
443.835. Broker ceasing activity and not desiring to be licensed,
procedure--director to cancel license.
443.837. (Repealed L. 2009 H.B. 382 A)
443.839. Application by broker to open additional full-service offices,
fee--certificate to be issued and posted.
443.841. License to be displayed.
443.843. Fees to be established by director--rules authorized for assessment
and collection.
443.845. Residential 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.
443.847. (Repealed L. 2009 H.B. 382 A)
443.849. Bonding requirements.
443.851. (Repealed L. 2009 H.B. 382 A)
443.853. (Repealed L. 2009 H.B. 382 A)
443.855. Advertising policies may be established by director--standards
required.
443.857. Licensee shall maintain at least one full-service office with staff,
duties to handle matters relating to mortgage--waiver, when.
443.859. (Repealed L. 2009 H.B. 382 A)
443.861. Transfer or sale of residential mortgage, notice to be given to
mortgagor, contents.
443.863. Unlawful discrimination for refusal to loan or vary terms of the loan.
443.865. Escrow accounts, placement by brokers--authority for rules.
443.867. Disclosure statement required of brokers, content--fee--compensation.
443.869. Powers and duties of director--rulemaking authority.
443.871. Director may issue subpoenas and subpoenas duces tecum--authority to
administer oaths.
443.873. Failure to comply with subpoenas, director may petition circuit court
for compliance order, injunctive relief and other remedies authorized.
443.875. Bond may be required, conditioned on compliance with subpoena, when.
443.877. Writ of attachment authorized on failure to comply with subpoena.
443.879. Reports required, failure to comply, penalty.
443.881. Suspension or revocation of license, grounds--procedure, penalties.
443.883. Director to maintain a staff capable of investigations--licensees to
open record for investigators.
443.885. Report to be filed with director annually, contents.
443.887. General rulemaking powers of director.
443.889. Court action to recover compensation for services, proof that services
performed by valid licensee required, exception.
443.891. Charge in support of removal or prohibition notice issued on certain
findings of conduct.
443.893. Receiver or conservator to be appointed by court, when--attorney
general's duty.
443.901. Reverse mortgage act--definitions.
443.903. Reverse mortgage regulations.
443.906. Reverse mortgage may be made regardless of certain other transactions.
443.909. Treatment of payments for certain purposes.
443.912. Statement regarding counseling services on reverse mortgages.
443.930. Prohibited acts--constitutes mortgage fraud--no private right of
action created.

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