Unauthorized Practice of Law in Missouri - Revision history

Davidjenkins: /* Title Searching and Examination */

2018-08-20T01:40:10Z

‎Title Searching and Examination

Davidjenkins at 01:34, 20 August 2018

2018-08-20T01:34:59Z

Davidjenkins: /* Cross-References */

2018-08-18T03:07:31Z

‎Cross-References

Davidjenkins: /* Closings and Escrow */

2018-08-18T02:13:29Z

‎Closings and Escrow

Davidjenkins: /* Recording */

2018-08-18T02:12:36Z

‎Recording

Davidjenkins: /* Disbursement */

2018-08-18T02:12:10Z

‎Disbursement

Davidjenkins: /* Attorney Title Opinions */

2018-08-18T02:11:04Z

‎Attorney Title Opinions

Davidjenkins: /* Attorney Certifications of Title Searches */

2018-08-18T02:10:39Z

‎Attorney Certifications of Title Searches

Davidjenkins at 00:20, 6 August 2018

2018-08-06T00:20:53Z

Davidjenkins at 13:30, 4 August 2018

2018-08-04T13:30:41Z

@@ Line 7: / Line 7: @@
 ==Title Searching and Examination==
-Title Searches and Title Examination are '''not required''' to be done by or supervised by attorneys in Missouri.  Title Examination, however, is considered a licensed function and must be done by a licensed Missouri Title Producer.
+Title Searches and Title Examinations are '''not required''' to be done by or supervised by attorneys in Missouri.  Title Examination, however, is considered a licensed function and must be done by a licensed Missouri Title Producer.
 ==Document Preparation==

@@ Line 5: / Line 5: @@
 Mo. Ann. Stat. § 484.010 and 484.020 define in general what constitutes the practice of law in Missouri.
-==Attorney Title Certifications==
+==Title Searching and Examination==
-Attorney Title Certifications are '''not required''' and not commonly used in Missouri.
+Title Searches and Title Examination are '''not required''' to be done by or supervised by attorneys in Missouri.  Title Examination, however, is considered a licensed function and must be done by a licensed Missouri Title Producer.
 ==Document Preparation==

← Older revision		Revision as of 03:07, 18 August 2018
Line 42:		Line 42:
	==Cross-References==		==Cross-References==
	* [[Missouri]]		* [[Missouri]]
		+	* [[Unauthorized Practice of Law]]

@@ Line 19: / Line 19: @@
 ==Closings and Escrow==
-In Missouri, closings are not required to be done by attorneys. Attorneys are not required to be represent any parties to the transaction.
+Closings are '''not required''' to be done by or supervised by attorneys in Missouri. Attorneys are '''not required''' to be represent any parties to the transaction.
 ==Disbursement==

@@ Line 27: / Line 27: @@
 ==Recording==
-Recording of documents in Missouri is not required to be done by or supervised by attorneys.
+Document recording in Missouri is '''not required''' to be done by or supervised by attorneys.
 ==Other==

@@ Line 23: / Line 23: @@
 ==Disbursement==
-Disbursement of files in Missouri is not required to be done by or supervised by attorneys.
+Disbursement of files in Missouri is '''not required''' to be done by or supervised by attorneys.
 ==Recording==

@@ Line 11: / Line 11: @@
 ==Attorney Title Opinions==
-In Missouri, Attorney Title Opinions are not required and rarely used.
+Attorney Title Opinions are '''not required''' and not commonly used in Missouri.
 ==Document Preparation==

@@ Line 1: / Line 1: @@
 * UPL Hot Button Issues	--  Don’t charge a doc prep fee
 * An attorney is not required. A Licensed Missouri Producer must search, examine, close, record or handle any other aspects of closing and commitment and policy issuance. (License issued by the Missouri Dept. of Insurance, Financial Institutions and Professional Licensing: MO DIFP) RSMo 381.031.19
@@ Line 7: / Line 39: @@
 # escrow companies may not charge a separate fee for document preparation, and
 # attorneys engaged by escrow closing companies may not provide legal services to the company's customers. The Supreme Court specifically stated that these standards apply to title insurance companies.

← Older revision		Revision as of 13:30, 4 August 2018
Line 2:		Line 2:
	* An attorney is not required. A Licensed Missouri Producer must search, examine, close, record or handle any other aspects of closing and commitment and policy issuance. (License issued by the Missouri Dept. of Insurance, Financial Institutions and Professional Licensing: MO DIFP) RSMo 381.031.19		* An attorney is not required. A Licensed Missouri Producer must search, examine, close, record or handle any other aspects of closing and commitment and policy issuance. (License issued by the Missouri Dept. of Insurance, Financial Institutions and Professional Licensing: MO DIFP) RSMo 381.031.19
	* Title insurance companies, which do closings normally, prepare the deed, affidavit, and the HUD-1 closing statement. Lenders sometimes prepare their own documents, however, title companies will often prepare some lenders' documents.		* Title insurance companies, which do closings normally, prepare the deed, affidavit, and the HUD-1 closing statement. Lenders sometimes prepare their own documents, however, title companies will often prepare some lenders' documents.
		+
		+	The leading case in Missouri is in re First Escrow, Inc. (840 SW2d 839). The Missouri Bar Association filed an action against a closing company for providing legal services to its customers in violation of Missouri statutes. The Missouri Supreme Court held that
		+	# escrow companies could complete simple, standardized forms or documents not requiring exercising judgment or discretion as agents for one with a direct financial interest in the transaction or licensed attorney who represents a party to the transaction;
		+	# escrow companies may not charge a separate fee for document preparation, and
		+	# attorneys engaged by escrow closing companies may not provide legal services to the company's customers. The Supreme Court specifically stated that these standards apply to title insurance companies.