Difference between revisions of "Title Searching in Missouri"
Davidjenkins (talk | contribs) (→Minimum Title Search Requirements) |
Davidjenkins (talk | contribs) (→Cross-References) |
||
| (9 intermediate revisions by the same user not shown) | |||
| Line 1: | Line 1: | ||
==Overview== | ==Overview== | ||
| − | + | Missouri is considered a '''Title Plant State''' because of a state law requiring the use of '''Registered Title Plants''' to obtain title searches prior to issuing any title insurance policy. There is are '''two exceptions''' to the required use of Registered Title Plants that allow a title insurance agent to obtain title searches directly from a courthouse searcher. The first exception is if there is no Registered Title Plant for the county where the property being insured is located. The second exception is if the agent cannot obtain a title search from a Registered Title Plant at a reasonable cost and within a reasonable time. If either exception is used, this must be documented in the file. Although the second exception sounds somewhat subjective, the Missouri DOI will use its own standards in determining whether or not the exception should have applied in the event a file is audited. When title evidence is obtained from a Registered Title Plant, the minimum search period is '''45 years''', which is set by state regulations. When title evidence is obtained from outside of the Title Plant system, the 45-year minimum period does not appear to apply. | |
| − | |||
| − | |||
| − | |||
| − | |||
| − | Missouri is considered a Title Plant | ||
==Sources== | ==Sources== | ||
| Line 15: | Line 10: | ||
==Minimum Title Search Requirements== | ==Minimum Title Search Requirements== | ||
| − | Search must be made at a Registered Title Plant (a set of geographically indexed records registered with the DIFP) unless a search from the plant cannot be obtained at a reasonable cost in a reasonable time. [https://law.justia.com/codes/missouri/2011/titlexxiv/chapter381/section381071/ MO Rev Stat § 381.071]. Based on the statute, any Registered Title Plant must have its records geographically indexed back | + | Search must be made at a Registered Title Plant (a set of geographically indexed records registered with the DIFP) unless a search from the plant cannot be obtained at a reasonable cost in a reasonable time. [https://law.justia.com/codes/missouri/2011/titlexxiv/chapter381/section381071/ MO Rev Stat § 381.071]. Based on the statute, any Registered Title Plant must have its records geographically indexed back for at least the most recent 45 years. If a search is obtained outside of the Registered Title Plant through a search of the courthouse records, there are no requirements regarding the depth of the search. |
===SVU=== | ===SVU=== | ||
| Line 30: | Line 25: | ||
==Attorneys== | ==Attorneys== | ||
| − | Attorneys are exempt geographical and minimum time period restrictions. They may rely upon a personal inspection of the records in the courthouse and use the best title evidence available in any county where the search. Mo. Ann. Stat. § 381.071.1(1). | + | Attorneys are exempt from geographical and minimum time period restrictions. They may rely upon a personal inspection of the records in the courthouse and use the best title evidence available in any county where the search. Mo. Ann. Stat. § 381.071.1(1). |
==Cross-References== | ==Cross-References== | ||
* [[Missouri]] | * [[Missouri]] | ||
| − | * [[Title Plants in Missouri]] | + | ** [[Title Plants in Missouri]] |
| − | * [[Marketable Record Title Acts in Missouri]] | + | ** [[Marketable Record Title Acts in Missouri]] |
Latest revision as of 08:07, 17 November 2020
Contents
Overview
Missouri is considered a Title Plant State because of a state law requiring the use of Registered Title Plants to obtain title searches prior to issuing any title insurance policy. There is are two exceptions to the required use of Registered Title Plants that allow a title insurance agent to obtain title searches directly from a courthouse searcher. The first exception is if there is no Registered Title Plant for the county where the property being insured is located. The second exception is if the agent cannot obtain a title search from a Registered Title Plant at a reasonable cost and within a reasonable time. If either exception is used, this must be documented in the file. Although the second exception sounds somewhat subjective, the Missouri DOI will use its own standards in determining whether or not the exception should have applied in the event a file is audited. When title evidence is obtained from a Registered Title Plant, the minimum search period is 45 years, which is set by state regulations. When title evidence is obtained from outside of the Title Plant system, the 45-year minimum period does not appear to apply.
Sources
- [1]
- Bulletin 08-06: Title Plant Requirements (Now Rescinded)
Minimum Title Search Requirements
Search must be made at a Registered Title Plant (a set of geographically indexed records registered with the DIFP) unless a search from the plant cannot be obtained at a reasonable cost in a reasonable time. MO Rev Stat § 381.071. Based on the statute, any Registered Title Plant must have its records geographically indexed back for at least the most recent 45 years. If a search is obtained outside of the Registered Title Plant through a search of the courthouse records, there are no requirements regarding the depth of the search.
SVU
Search must be made at a Registered Title Plant (a set of geographically indexed records registered with the DIFP) unless a search from the plant cannot be obtained at a reasonable cost in a reasonable time. The Plant must contain records which encompass at least the most recent forty-five years. RSMO 381.031.22. (A) The minimum required by state law is a search from a 45-year plant; (B) no marketable record title act; marketable title determined by case law and Title Standard; (C) Title Examination Standard of The Missouri Bar is 45 years but the base title required will generally exceed 45 years.
Other
There is no problem with procuring O&E reports for an agent that is not licensed in MO. The issue is what they intend to do with the O&E. They cannot examine them themselves and they cannot use them as the basis for any title insurance. If they are simply order managing them, then that would be fine. Please find out from them what the purpose is and if anything involves them issuing a title insurance product or any type of examination, then we won’t be able to help them.
- Additional Requirements for REO Searches -- No
- Special Searches Required (Code, HOA, Utilities)? -- St. Louis taxes/special benefit districts
- Plant or other search restrictions -- Plants required unless written evidence that plant provider cannot meet reasonable turn times
Attorneys
Attorneys are exempt from geographical and minimum time period restrictions. They may rely upon a personal inspection of the records in the courthouse and use the best title evidence available in any county where the search. Mo. Ann. Stat. § 381.071.1(1).
