Liens in Missouri

Child Support Liens

1. The Support Order by itself does not create a lien
2. The lien, when filed, expires after 3 years
3. A release of the lien can be prepared not only by the support agency, but by the payment recipient

MO Rev Stat § 454.515.

Child Support Liens in Missouri act as a lien on real property for ten (10) years after the date that the support child turns 18. [need to verify]

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

Condominiums

• 3 years

PUDs

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

N/A.

Construction/Mechanic’s Liens

See Construction Liens in Missouri

Estate Tax Liens

See Estates in Missouri.

Financing Statements

5 years (manufactured housing 30 years); can be renewed for successive terms

Inheritance Tax Liens

N/A. See Estates in Missouri.

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.

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.

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.

Security Instruments

See 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.
• Article [1]
• Interest Rate Calculation [2]

Cross-References

• Missouri
• Liens