Liens in Missouri
Contents
- 1 Overview
- 2 Bail Liens
- 3 Broker Liens
- 4 Child Support Liens
- 5 Civil Money Judgments
- 6 Community Association Liens
- 7 Community Facilities District Liens
- 8 Construction/Mechanic’s Liens
- 9 Criminal Money Judgments
- 10 Financing Statements
- 11 Hospital Liens
- 12 Lis Pendens
- 13 Municipal Assessments
- 14 Municipal Liens
- 15 Real Property Tax Liens
- 16 Security Instruments
- 17 State Tax Liens
- 18 Cross-References
Overview
Bail Liens
Broker Liens
Child Support Liens
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.
- The Support Order by itself does not create a lien
- The lien, when filed, expires after 3 years
- A release of the lien can be prepared not only by the support agency, but by the payment recipient
Civil Money Judgments
Civil Money Judgments become a general lien on any real property 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.
Community Association Liens
Condominiums
PUDs
Community Facilities District Liens
N/A.
Construction/Mechanic’s Liens
See Construction Liens in Missouri
Criminal Money Judgments
Financing Statements
Hospital Liens
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.
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.
Municipal Liens
Real Property Tax Liens
Security Instruments
See Security Instruments in Missouri