Certifications of Trust in Missouri

Overview

Certifications of Trust are available for use in Missouri. They resemble those used in other states in content. Their use is encouraged and required by most underwriters.

Sources

MO Rev Stat § 456.10-1013

Compliance

Agents should not prepare Certifications of Trust.

Forms

There is no promulgated form for Certifications of Trust in Missouri, but the document should contain everything listed in the statute.

Searching

Certifications of Trust in Missouri may be recorded, but this does not appear to be common practice.

Examination

If title to a property is currently held in trust, the following requirements should be raised:

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If there is a recent uninsured transfer out of a trust in the Chain of Title, and there is no recorded Certification of Trust accompanying that transfer, the following requirement should be raised:

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Any Certifications of Trust that are found in a search or produced for a transaction that already occurred should be examined to make sure that they are complete as to the statutorily required information and that they granted sufficient authority to the trustee to engage in the transaction that they were produced in connection with. Any defects should be brought the attention of Underwriting to determine what additional information is needed to cure the defects.

Any Certifications of Trust produced for any transactions that are to be insured should be examined to make sure that they are complete as to the statutorily required information and that they grant sufficient authority to the trustee to engage in the transaction to be insured. Any defects should be brought the attention of Underwriting to determine what additional information is needed to cure the defects.

Curative

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Underwriting

Opinion Letter
Note that statute says there are penalties for any "bad faith" requests of original Trust document when a Certification of Trust has already been produced.

Production

N/A.

Closing & Escrow

The Trust documents or Certification of Trust should be produced well in advance of closing. In case these documents are produced for the first time at the closing, they should be sent to underwriting for review prior to closing.

Recording

There is no requirement to record Certifications of Trust, but it may be advisable to avoid future requests to document the Trustee's authority for any transactions involving a given trust.

Pricing

Agents should not prepare or charge for the creation of Certifications of Trust. It is also recommended that they not provide any forms for the Creation of the Trust without approval from Underwriting.