Chains of Title in Missouri - Revision history

Davidjenkins: /* Docketing and Indexing= */

2018-08-13T00:49:31Z

‎Docketing and Indexing=

Davidjenkins: /* Overview */

2018-08-13T00:48:47Z

‎Overview

Davidjenkins: Created page with "==Overview== Missouri follows the general rules for determining what is or isn't in the Chain of Title to a property. It has, however, had a couple of decisions that the imp..."

2018-08-13T00:48:27Z

Created page with "==Overview== Missouri follows the general rules for determining what is or isn't in the Chain of Title to a property. It has, however, had a couple of decisions that the imp..."

New page

==Overview==

Missouri follows the general rules for determining what is or isn't in the Chain of Title to a property. It has, however, had a couple of decisions that the improper entry or indexing of judgments does not render them invalid against third parties without notice. Thus judgments that would normally be considered "outside" of the chain of title in most states are considered to be in the chain of title in Missouri.

==Main Rule==

"It is established by ancient, but viable, authority that a purchaser is bound with constructive notice of all recorded instruments and the recitals therein lying within his chain of title, but a deed or instrument lying outside his chain of title imparts no notice to him. Gross v. Watts, 206 Mo. 373, 104 S.W. 30, 36 (1907); Tydings v. Pitcher, 82 Mo. 379, 384 (1884)." Basore v. Johnson, 689 S.W.2d 103, 109 (Mo. Ct. App. 1985)

==Docketing and Indexing===

The failure to properly index a judgment from another county in a way that it would provide constructive notice to third parties does not mean the lien is not valid against third parties. Mo. Ann. Stat. §§ 511.440 and 511.450; City of Belton v. Cmty. Bank, N.A., 863 S.W.2d 345, 346 (Mo. Ct. App. 1993). Similarly, failure to abstract a judgment entry in the docket in the county where it was rendered does not mean that it is not valid. State ex rel. Missouri Highway & Transp. Comm'n v. Overall, 53 S.W.3d 222, 226 (Mo. Ct. App. 2001).

==Cross-References==
* [[Missouri]]

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 "It is established by ancient, but viable, authority that a purchaser is bound with constructive notice of all recorded instruments and the recitals therein lying within his chain of title, but a deed or instrument lying outside his chain of title imparts no notice to him. <u>Gross v. Watts</u>, 206 Mo. 373, 104 S.W. 30, 36 (1907); <u>Tydings v. Pitcher</u>, 82 Mo. 379, 384 (1884)." <u>Basore v. Johnson</u>, 689 S.W.2d 103, 109 (Mo. Ct. App. 1985)
-==Docketing and Indexing===
+==Docketing and Indexing==
 The failure to properly index a judgment from another county in a way that it would provide constructive notice to third parties does not mean the lien is not valid against third parties.  Mo. Ann. Stat. §§ 511.440 and 511.450; <u>City of Belton v. Cmty. Bank, N.A.</u>, 863 S.W.2d 345, 346 (Mo. Ct. App. 1993).  Similarly, failure to abstract a judgment entry in the docket in the county where it was rendered does not mean that it is not valid.  <u>State ex rel. Missouri Highway & Transp. Comm'n v. Overall</u>, 53 S.W.3d 222, 226 (Mo. Ct. App. 2001).

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 ==Overview==
-Missouri follows the general rules for determining what is or isn't in the Chain of Title to a property.  It has, however, had a couple of decisions that the improper entry or indexing of judgments does <u>not</u> render them invalid against third parties without notice.  Thus judgments that would normally be considered "outside" of the chain of title in most states are considered to be in the chain of title in Missouri.
+Missouri follows the general rules for determining what is or isn't in the Chain of Title to a property.  It has, however, had a couple of decisions that the improper entry or indexing of judgments does <u>not</u> render them invalid against third parties without notice.  Thus judgments that would normally be considered "outside" of the chain of title in most states are considered to be within the chain of title in Missouri.
 ==Main Rule==