Standard Requirements in Missouri

From WFG Wiki
  • All documents which are to be recorded in connect with this file in the office of the Recorder of Deeds must comply with R.S.Mo 59.005, 59.310 and 59.313. Any documents which does not comply with the provision of these Sections will be subject to an additional $25.00 recording fee.
  • A valid United States Passport or State issued driver's license is required for all transactions closed by [Name of Agent]. If a non-driver state identification card is provided, then a second form of identification may be required. If you have questions, please contact our office.
  • Real Estates Settlement funds from any party must be in the form of a Wire Transfer, Cashier's Check, Certified Check, or Teller's Check. All funds must be deemed ""collected funds"" prior to settlement and disbursement.
  • Pursuant to R.S.Mo. 381.058, the Seller, Purchaser, and any Lender have the right to be issued a closing protection letter at the cost of $25.00. A closing protection letter protects a party against losses as a result of the following acts of the title insurer's name issuing agency or agent: (a) Acts of theft of settlement funds or fraud with regard to settlement funds; and (b) Failure to comply with written closing instructions by the proposed insured when agreed to by the title agency or agent, relating to title insurance coverage.
  • The Company must be informed prior to closing of any recent alterations, significant repairs, new construction or renovations on the subject property, at which time additional requirements may be necessary. Failure to notify the Company in writing before closing will invalidate any mechanic's lien coverage provided in the policy.
  • Furnish a survey of the property to be conveyed prepared by a licensed Missouri surveyor that includes a complete legal description.
  • Real Property Information: The following information is provided as a courtesy to assist persons using this commitment. As such, this information is not warranted for use by third party users of the commitment for the purpose of determining real estate taxes due at closing.

Parcel: XX-XX-XX-XXXX-XXX-XXX. 2019 County Real Property Taxes in the amount of $XXXXX are currently PAID.

  • Completion and return of the enclosed Owner's Affidavit to the Title Company.
  • Completion and return of the enclosed Affidavit in Lieu of Survey to the Title Company.


  • Provide this Company with a properly executed and completed Owner's Affidavit.
  • NOTE: In addition to the above, the following information must be furnished this Company.
(1) Proof of payment of unpaid assessments or charges for sewer services, if any.
(2) Proof of payment of unpaid assessments by trustees of said subdivision, if any.
(3) Proof of payment of unpaid General or Special Taxes by any taxing authority, if any.
(4) Proof of payment of delinquent real estate taxes, if any.
  • CLOSING INFORMATION NOTE: If the closing for the subject property is to be conducted by this Company, we require all monies due from the purchase to be in the form of a Cashier's Check, Certified Check or Wire Transfer. If the sale proceeds of any "payoffs" pursuant to the closing require "Good Funds" then monies by us for such must be by bank or wire transfer.
  • The above applies to all closings unless other specific arrangements are made. Due to wide variances in banking practices and lack of control over funds "on the wire" we cannot accept financial responsibility for delays in the clearing of funds.


Parties

General

  • Names of Purchaser to be furnished and searched, and any additional objections by reason thereof to be certified prior to settlement.
  • Estates or interests by which grantees are to hold title to be set forth in deed to insured.

Individuals

  • Proof that [Grantees], grantees in [Deed of Record] are the same persons as the proposed mortgagors herein, and that they have never been divorced.
  • Record title appears in the name of [Record Owner] individually; proof that divorce proceedings have not been filed, and no resulting award has been made of the subject premises.
  • Property settlement agreement (if any) and any amendments thereto between ____________ and __________________ to be produced and examined prior to settlement.
  • Proof that no award has been made of subject premises under divorce proceedings #[ ].
  • Pursuant to R.S.Mo. §513.475, if the Property is the primary residence or homestead of the owner and any spouse of the owner who is not listed on title, the non-titled spouse must join in the execution of any Deed, Mortgage, or Deed of Trust affecting the Property.
  • Pursuant to R.S.Mo. §474.150, if the subject property is not the primary residence or homestead of the owner and any spouse of the owner who is not listed on title, the non-titled spouse must either join in the execution of any Deed, Mortgage, or Deed of Trust affecting the Property or execute a separate recordable statement assenting to the execution of the specific Deed, Mortgage, or Deed of Trust by the owner spouse.

Church

  • Articles of Incorporation of [Church] as required by the [LAW] to be produced and filed with the Company.
  • Copy of By-Laws and any amendments thereto of [Church] to be produced and filed with the Company.
  • Proof that the present Deed is being made by [Church] in accordance with the rules and regulations of any governing body, if any; consent of such body to be filed with the Company.
  • Certified copy of Resolution of [Church] authorizing the execution and delivery of the present deed in accordance with its Articles and By-Laws of Section XXX of the [LAW] to be produced and filed with the Company.

Corporations

  • Certificate of Incorporation of Grantor Corporation.
  • Certified copy of resolution of Board of Directors of Grantor Corporation authorizing execution and delivery of Deed, and approval of shareholders if same is not in regular course of business.
  • Taxes settled by the State of Missouri against Grantor Corporation. (search ordered)
  • Unsettled taxes and other charges due the State of Missouri by Grantor Corporation.

Electing Partnership

LLC

  • Articles of organization;
  • Evidence of good standing;
  • Operating agreement;
  • LLC resolution.


  • Certificate of Organization of [Name of LLC], LLC, and all amendments thereto to be produced and copy filed with Company and proof that same has been filed with the Commonwealth of Pennsylvania.
  • Operating Agreement of [Name of LLC], LLC to be produced and copy filed with Company.
  • Proof that all the consents and requirements of Operating Agreement have been met with respect to the authority of members or managers to execute Mortgage and accept delivery of Deed.
  • Proof that [Name of LLC], LLC has not been dissolved.

Other Examples:

With respect to [Name of Company], LLC, we must be furnished a copy of (1) the articles of organization, (2) written operating agreement and all amendments thereto, (3) current membership roster and (4) a certificate of good standing of said limited liability company. Unless the deed is executed by all members, we must also be furnished evidence satisfactory to the Company that all necessary consents, authorizations, resolutions, notices and actions relating to the sale and the execution and delivery of the deed as required under applicable law and the governing documents have been conducted, given or property waived.

LP

  • Limited Partnership Grantor ([Name of L.P.])
  • List of general and limited partners to be provided of [Name of L.P.]; possible additional objections and exceptions thereto.

GP

Maybe?

  • Proof that John F. Bare and Lane E. Jackson are all the members of co-partnership.
  • If less than all to be signatories, Partnership Agreement to be produced.
  • No alteration in name or character, regarding John F. Bare and Lane E. Jackson, co-partners.
  • Electing Partnership, regarding John F. Bare and Lane E. Jackson, co-partners.

Co-Partnership

Estates

  • Possible Estate Tax due the United States of America by the Estate of [Name of Decedent], deceased.
  • Estate Tax due the State of Missouri by the Estate of [Name of Decedent], deceased.
  • AND the said [Name of Decedent] died on [date of death], leaving a Will dated [date of Will] for probate in _________ County in Estate File #[estate file number] in which he appointed [Name of Executor] as Executor, to whom letters testamentary were granted on [date of grant of letters].
    • NOTE: Remember to modify under different circumstances.
    • AND the said Bernice Johnson died on May 2, 2005, intestate, with an estate filed in the _________ County Register of Wills as Estate File #1505-0859 in which Carol Johnson was named as Administrator, to whom letters of Administration were granted on June 9, 2005.
    • AND the said Dominic J. Mattia died on October 23, 2003, intestate.
    • AND Letter of Administration for the Estate of Dominic J. Mattia, deceased, were granted Donald N. Mattia on November 6, 2003 by the ____________ County of Register of Wills in Estate File #1503-1559.

Trusts

  • Trust Agreement and any amendments thereto to be produced and examined; any additional objections and/or exceptions may be added.
  • Proof that the Trusts created are still subsisting and the constituents thereto are still alive and competent before the law.

Properties

Community Associations

Condominiums

  • Recordable statement from the Unit Owners Association of [ ] Condominium to be produced, setting forth the amount of unpaid assessment currently levied against this unit in accordance with the provisions of Section XXX of the Uniform Condominium Act.

PUDs

  • Proof that all unpaid assessments due the Homeowners’ Association are paid to date of settlement.

Co-Operatives

Survey

  • Survey to be produced and recorded; possible additional exceptions and objections to be added upon examination of the same.

Encumbrances

  • NOTE: There are several civil suits and judgments against similarly named individuals, but none appear to be against the record owner(s) above; same to be provided upon request.

Construction Liens

If there has been construction, improvements or repairs to or on the property in the past 12 months, or a portion or all of the loan proceeds will be used for such, then unrecorded mechanics lien coverage will not be furnished unless arrangements are made prior to closing.

If the property is 1-4 family residential and we are being asked to extend mechanic's lien coverage (through date downs or otherwise) on a construction loan, a Mechanic's Lien Indemnity Agreement secured by a satisfactory Letter of Credit will need to be furnished to the company. If the transaction is not a residential construction loan or a sale of "residential real property" (as defined by Section 429.016 RSMO) to a bona fide purchaser which would entitle the owner to utilize Section 429.016.1 to 429.016.31 RSMO, either the aforesaid secured indemnity or satisfactory financial statements, indemnities, affidavits and possibly lien waivers, will need to be furnished to the company. Failure to notify the company in writing before closing will invalidate any mechanic's lien coverage given in the policy.

If the transaction is a sale covered by Section 429.016.1 to 429.016.31, that is, (1) the Land is not-owner occupied - unless it is residential real property of five or more units; and (2) the Land is considered "residential real property" as defined in the statute; and (3) the purchaser is a bona fide purchaser for value, then the following requirements must be met for mechanic's lien coverage:

  1. The owner must record a Notice of Intended Sale satisfactory to the Company in all counties which the Land is located not less than 45 days prior to the intended closing date;
  2. The actual closing date cannot be earlier than the date set forth in the above Notice;
  3. If the date set forth in the above Notice is more than 90 days after the date of the recording of the Notice, proof satisfactory to the Company that the owner had a contract with a subcontractor or supplier as of the date must be furnished;
  4. If the Land is 1-4 family, proof satisfactory to the Company that the Land is not owner occupied;
  5. Recorded Notices of Rights, if any, are addressed to the satisfaction of the Company;
  6. The owner (and spouse, if any) executes the Company's Construction Lien Indemnity Agreement