Difference between revisions of "Liens in Missouri"

Latest revision as of 08:49, 8 November 2020

Overview

Liens affecting real property in Missouri are primarily filed at the county level. The Circuit Court contains the civil court records for each county while the Recorder of Deeds is the primary land records office for each county. Delinquent real property taxes and municipal assessments may also constitute liens against real property. These types of liens may not necessarily be filed at the county level and so a separate search or certification must be obtained to determine any delinquencies.

Alimony/Support

Alimony or Spousal Support may be awarded by a court when a Divorce Decree is entered MO Rev Stat § 452.080.. The order acts as a general lien on any real property owned by the debtor in the county in which it is entered without any separate filing. It will attach to after-acquired property and does not expire until paid in full. This is also referred to as Spousal Maintenance.

Bail Liens

N/A.

Broker Liens

Missouri law provides that a real estate broker has a lien on commercial real estate or an interest in such commercial real estate in the amount of the compensation as agreed upon by the real estate broker and the real estate broker's client pursuant to a written agreement with the owner. (Section 429.605 of the Missouri Revised Statutes) The lien attaches when the broker records a notice of the lien in the office of the recorder of deeds in the county in which the real estate is located. If the broker has an agreement with the purchaser, the lien attaches at the time the purchaser accepts conveyance and if the broker records a notice of lien within ninety days after the purchase or transfer of interest to the buyer. It is important that, at the time of closing, the broker acknowledges that no agreement with the buyer exists or that the terms thereof have been fulfilled. It should also be noted that real estate appraisers and title insurance companies have lien rights with respect to work performed for appraisal services or for title examination services with respect to commercial real estate. (Section 429.629 Missouri Revised Statutes)

Child Support Liens

Child Support Liens in Missouri expire after three (3) years from the date of filing. A Support Order, by itself, does not create any lien. A release of the lien can be prepared by the support agency and also by the payment recipient. MO Rev Stat § 454.515.

Civil Money Judgments

Civil Money Judgments become a general lien on any real property either owned or subsequently acquired by the judgment debtor in the county in which they are filed upon entry in the county civil court records. They act as a lien for ten (10) years and can be revived indefinitely. MO Rev Stat § 511.360. Revival of a lien within the ten (10) year period will maintain priority from the date of initial filing. Revival after the ten (10) year period has lapsed will result only in a loss of priority, not the lien itself. Meyer v. Ragar, 935 S.W. 2d 197 (Mo.App. 1996).

Community Association Liens

Condominium Association Liens

Condominium liens are automatic in rem liens on property from the moment of assessment. They do not need to be recorded. The association has three (3) years from the date of assessment to file suit to collect any delinquencies. MO Rev Stat § 448.3-116.

Homeowners' Association Liens

Missouri does not have any provision for creating statutory Homeowners' Association Liens. Instead, the status and priority of the lien is governed by the Declaration. Most HOAs collect overdue assessments by filing a regular lawsuit to obtain a Civil Money Judgment.

Community Facilities District Liens

N/A.

Construction/Mechanic’s Liens

See Construction Liens in Missouri

Criminal Money Judgments

Criminal Money Judgments and orders of restitution do not attach to real property in Missouri unless they have been transcribed.

Estate Tax Liens

See Estates in Missouri.

Federal Tax Liens and Judgments

See Federal Tax Liens
See Federal Judgments

Financing Statements

Financing Statements (UCCs) in Missouri are filed in the Recorder of Deeds Office in the fixture index as well as the regular public land records. Regular filings constitute a lien for five (5) years and may be revived for same period by filing a continuation statement. Financing Statements filed against mobile homes or other types of manufactured housing act as a lien for thirty (30) years.

Hospital Liens

Hospital liens do not create liens on real property. MO Rev Stat § 430.230.

Inheritance Tax Liens

N/A. See Estates in Missouri.

Lis Pendens

Notices of Lis Pendens are filed in the Recorder of Deeds office. They do not expire until the underlying lawsuit has been dismissed or resolved. Any judgment of the court will have a retroactive date as of the filing of the Lis Pendens.

Municipal Assessments

Missouri, like most states, has assessments that are filed at the municipal level that can eventually be turned into liens at the county level, at which point they directly affect title because they are now filed in the Public Records as defined in the policy. With Missouri, there is enabling legislation that allows the municipalities to set whether or not the assessments become liens as of the date they are assessed or, by default, as of the date they are filed at the county level. Certain liens can be converted into special tax liens against the property at which time a bill is sent to the owner. From that point forward they handled in the same manner as real estate taxes.

Municipal Liens

Municipal Liens are filed in the Circuit Court of the county in which the property is located. The liens are in rem against the specific property listed in the lien. Depending on the type of lien and any ordinance that enabled it, the lien may have priority back to the date of its original assessment rather than the date of filing.

Real Property Tax Liens

Real Property Tax Liens do not expire. See Real Property Taxes in Missouri.

Security Instruments

See Security Instruments in Missouri.

State Tax Liens

Missouri tax liens expire after 10 years, but may be renewed one time prior to expiring for an additional 10 years (20 years total).
Article [1]
Interest Rate Calculation [2]

Other

TEFRA liens (Mo. Code Regs. tit. 13 § 70-4.110)

@@ Line 1: / Line 1: @@
 ==Overview==
+Liens affecting real property in Missouri are primarily filed at the county level.  The Circuit Court contains the civil court records for each county while the Recorder of Deeds is the primary land records office for each county.  Delinquent real property taxes and municipal assessments may also constitute liens against real property.  These types of liens may not necessarily be filed at the county level and so a separate search or certification must be obtained to determine any delinquencies.
+==Alimony/Support==
+Alimony or Spousal Support may be awarded by a court when a Divorce Decree is entered [https://law.justia.com/codes/missouri/2011/titlexxx/chapter452/section452080/ MO Rev Stat § 452.080.].  The order acts as a '''general lien''' on any real property owned by the debtor in the county in which it is entered without any separate filing.  It will attach to after-acquired property and '''does not expire''' until paid in full. This is also referred to as Spousal Maintenance.
 ==Bail Liens==
+N/A.
 ==Broker Liens==
@@ Line 9: / Line 17: @@
 ==Child Support Liens==
-# The Support Order by itself does not create a lien
+Child Support Liens in Missouri expire after '''three (3) years''' from the date of filing.  A Support Order, by itself, does not create any lien. A release of the lien can be prepared by the support agency and also by the payment recipient. [https://law.justia.com/codes/missouri/2011/titlexxx/chapter454/section454515/ MO Rev Stat § 454.515].
-# The lien, when filed, expires after 3 years
-# A release of the lien can be prepared by the support agency and also by the payment recipient
-[https://law.justia.com/codes/missouri/2011/titlexxx/chapter454/section454515/ MO Rev Stat § 454.515].
 ==Civil Money Judgments==
-Civil Money Judgments become a general lien on any real property either owned or subsequently acquired by the judgment debtor in the county in which they are filed upon entry in the county civil court records.  They act as a lien for ten (10) years and can be revived indefinitely. [https://law.justia.com/codes/missouri/2011/titlexxxv/chapter511/section511360/ MO Rev Stat § 511.360].  Revival of a lien within the ten (10) year period will maintain priority from the date of initial filing.  Revival after the ten (10) year period has lapsed will result only in a loss of priority, not the lien itself.  <u>Meyer v. Ragar</u>, 935 S.W. 2d 197 (Mo.App. 1996).
+Civil Money Judgments become a general lien on any real property either owned or '''subsequently acquired''' by the judgment debtor in the county in which they are filed upon entry in the county civil court records.  They act as a lien for '''ten (10) years''' and can be '''revived indefinitely'''. [https://law.justia.com/codes/missouri/2011/titlexxxv/chapter511/section511360/ MO Rev Stat § 511.360].  Revival of a lien within the ten (10) year period will maintain priority from the date of initial filing.  Revival after the ten (10) year period has lapsed will result only in a loss of priority, not the lien itself.  <u>Meyer v. Ragar</u>, 935 S.W. 2d 197 (Mo.App. 1996).
-The statutes concerning judgments can be found in Chapter 511 of the Missouri Revised Statutes. A recent court decision has indicated that a judgment is a lien at the time the judgment is rendered by the court. This is a Supreme Court Rule that conflicts with the statute however a Missouri Appellate court has stated that in the event of a conflict, the Supreme Court Rule takes precedence over the statute. Also a statute passed in the 2002 legislature extended the lien of a judgment from three years to 10 years. Any judgment entered or revived after August 28, 1998 has a ten-year lien period.
+==Community Association Liens==
-==Community Association Liens==
+===Condominium Association Liens===
+Condominium liens are automatic ''in rem'' liens on property from the moment of assessment.  They do not need to be recorded.  The association has '''three (3) years''' from the date of assessment to file suit to collect any delinquencies.  [https://law.justia.com/codes/missouri/2011/titlexxix/chapter448/section4483-116/ MO Rev Stat § 448.3-116].
-===Condominiums===
+===Homeowners' Association Liens===
-Condominium liens are automatic liens on property from the moment of assessment.  They do not need to be recorded.  The association has three (3) years from the date of assessment to file suit to collect any delinquencies.  [https://law.justia.com/codes/missouri/2011/titlexxix/chapter448/section4483-116/ MO Rev Stat § 448.3-116].
-===PUDs===
+Missouri does not have any provision for creating statutory Homeowners' Association Liens.  Instead, the status and priority of the lien is governed by the Declaration.  Most HOAs collect overdue assessments by filing a regular lawsuit to obtain a Civil Money Judgment.
-Missouri does not have any statutory scheme governing HOAs.  The statute that was mentioned to you is the one for Condominium Associations.  What can and cannot be done by the HOA is governed by the declaration for that subdivision.  This includes the priority of liens.  This gives the HOA the ability to give itself “super-liens” that would have priority over a PMM.  I cannot find any reported cases on the subject, so I wouldn’t want to venture a guess as to what the Missouri courts would handle a situation where an HOA lien incurred after a PMM would be given priority in the event of a foreclosure.
 ==Community Facilities District Liens==
@@ Line 38: / Line 41: @@
 ==Criminal Money Judgments==
+Criminal Money Judgments and orders of restitution do not attach to real property in Missouri unless they have been transcribed.
 ==Estate Tax Liens==
 See [[Estates in Missouri]].
+==Federal Tax Liens and Judgments==
+* See [[Federal Tax Liens]]
+* See [[Federal Judgments]]
 ==Financing Statements==
-years (manufactured housing 30 years); can be renewed for successive terms.
+Financing Statements (UCCs) in Missouri are filed in the Recorder of Deeds Office in the fixture index as well as the regular public land records.  Regular filings constitute a lien for '''five (5) years''' and may be revived for same period by filing a continuation statement.  Financing Statements filed against '''mobile homes''' or other types of manufactured housing act as a lien for '''thirty (30) years'''.
-Financing Statements are filed in the fixture index of the County Recorder's Office and also recorded in the County Recorder's real estate records. Additionally, a filing is done in the Office of the Secretary of State located in Jefferson City, Missouri.
 ==Hospital Liens==
-Hospital liens are not liens on real property.  [https://law.justia.com/codes/missouri/2011/titlexxvii/chapter430/section430230/ MO Rev Stat § 430.230].
+Hospital liens do not create liens on real property.  [https://law.justia.com/codes/missouri/2011/titlexxvii/chapter430/section430230/ MO Rev Stat § 430.230].
 ==Inheritance Tax Liens==
@@ Line 58: / Line 67: @@
 ==Lis Pendens==
+Notices of Lis Pendens are filed in the Recorder of Deeds office.  They do not expire until the underlying lawsuit has been dismissed or resolved.  Any judgment of the court will have a retroactive date as of the filing of the Lis Pendens.
 ==Municipal Assessments==
-Missouri, like most states, has assessments that are filed at the municipal level that can eventually be turned into liens at the county level, at which point they directly affect title because they are now filed in the Public Records as defined in the policy.  The question for our agents with municipal assessments then is whether or not the liens encumber title from the time they are assessed or from the time they are filed at the county level.  In the former case, they would be covered under the policy because the liens would predate the effective date of the policy as soon as they are filed at the county level.  In the latter case, they would not encumber title until after the effective date of the policy and therefore would not be covered under the policy.
+Missouri, like most states, has assessments that are filed at the municipal level that can eventually be turned into liens at the county level, at which point they directly affect title because they are now filed in the Public Records as defined in the policy. With Missouri, there is enabling legislation that allows the municipalities to set whether or not the assessments become liens as of the date they are assessed or, by default, as of the date they are filed at the county level.  Certain liens can be converted into special tax liens against the property at which time a bill is sent to the owner.  From that point forward they handled in the same manner as real estate taxes.
-With Missouri, there is enabling legislation that allows the municipalities to set whether or not the assessments become liens as of the date they are assessed or, by default, as of the date they are filed at the county level.  I believe these Forestry Liens, because they are treated like real estate taxes per the St. Louis municipal ordinance, would be the type of assessments that are liens as of the date they are assessed and therefore would be covered under the policy if assessed prior to the effective date.  That being the case, I don’t think it really matters whether or not the agent had inquiry notice or no notice at all regarding these types of assessments.  They are either obligated to collect any that are due prior to closing or should except for them on the commitment and policy.
+==Municipal Liens==
-Forestry Liens start out as fines against individuals.  After 90 days they are converted into special tax liens against the property at which time a bill is sent to the owner.  From that point forward they handled in the same manner as real estate taxes.
-As a general rule, assessments for municipal services are payable when a bill is issued. Although there is some confusion in Missouri as to when these assessments become a "lien," they are treated as a lien when the assessments are billed. Real estate taxes are a lien the first day of the year in which they will be paid. For example, taxes for 1999 become a lien on January 1, 1999. It is customary that assessments for sewer, water, and real estate taxes are pro-rated at the time of closing a sale of the property. Trustee's assessments are authorized by the documents creating the subdivision. Proof is required by title companies that no trustee assessments are due at the time of closing. A letter from the current trustee is normally sufficient proof for title insurance purposes.
+Municipal Liens are filed in the Circuit Court of the county in which the property is located.  The liens are in rem against the specific property listed in the lien.  Depending on the type of lien and any ordinance that enabled it, the lien may have priority back to the date of its original assessment rather than the date of filing.
-==Municipal Liens==
 ==Real Property Tax Liens==
@@ Line 77: / Line 84: @@
 ==Security Instruments==
-See Duration in [[Security Instruments in Missouri#Duration|Security Instruments in Missouri]]
+See [[Security Instruments in Missouri#Duration|Security Instruments in Missouri]].
 ==State Tax Liens==
-* Duration depends on what type of tax is the source of the lien and how the State chooses to enforce it.
+* Missouri tax liens expire after 10 years, but may be renewed one time prior to expiring for an additional 10 years (20 years total).
 * Article [http://www.carnahanlaw.com/IRS/motaxcollection.html]
 * Interest Rate Calculation [https://dor.mo.gov/intrates.php]
+==Other==
+* TEFRA liens (Mo. Code Regs. tit. 13 § 70-4.110)
 ==Cross-References==