Difference between revisions of "Title Searching in Missouri"
Davidjenkins (talk | contribs) (→Minimum Title Search Requirements) |
Davidjenkins (talk | contribs) (→Overview) |
||
| Line 5: | Line 5: | ||
==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 | + | 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. Whether title evidence is obtain from a plant or directly from courthouse records, the minimum search period is a 45 years minimum as set by state regulations. |
==Sources== | ==Sources== | ||
Revision as of 08:16, 6 February 2019
Contents
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. Whether title evidence is obtain from a plant or directly from courthouse records, the minimum search period is a 45 years minimum as set by state regulations.
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- Bulletin 08-06: Title Plant Requirements (Now Rescinded)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 to at least September 28, 1965. If a search is obtained outside of the Registered Title Plant through a search of the courthouse records, the search must go back at least 45 years.
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 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).
