Deeds in Missouri

Sources

• Statutes
• Common Law

Compliance

• Title companies and their agents may not prepare deeds and other documents in connection with the issuance of a title insurance policy.

Forms

• Statutory
• Common Law

Search

[Where any Deeds will be found during a title search]

Examination

[Requirements that should be raised if there are any defects or other issues found in deeds in the chain of title]

[References to any published title examination standards]

Underwriting

[Requirements for handing Deeds in connection with insuring a transaction]

Recording

[If and when recording of Deeds is required either by state law or underwriting rule]

Other

• Use of Deeds - Mo. Ann. Stat. § 442.020
• Must be Acknowledged - Mo. Ann. Stat. § 442.130
• Where to Record - Mo. Ann. Stat. § 442.380
• Must Contain Legal Description - § 59.330(2)
• Recording Foreign Language Documents - § 442.140
• Recording imparts constructive notice -§ 442.390 & § 442.400

A general warranty deed is customary to convey title. This form warrants the title against the acts of all others. A special warranty deed is often used by lenders who take title through foreclosure. This deed warrants against acts of the grantor only. Quitclaim deeds are also used. This form makes no warranties, but is effective to transfer whatever title the grantor has.

• Owners of single family residential properties normally convey by general warranty deed.
• Fiduciaries convey by special warranty deed or by trustee's deed.
• A general warranty deed is normally used for commercial transactions.
• Quitclaim deeds can be used in Missouri and have the protection of the recording acts.

Cross-References

• Missouri