Options in Missouri
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Revision as of 05:27, 4 August 2018 by Davidjenkins (talk | contribs) (Created page with "Is Interest in real estate Missouri law is unsettled as to whether an option constitutes a present interest in real estate or an executory contract. The recording act does n...")
Is Interest in real estate
Missouri law is unsettled as to whether an option constitutes a present interest in real estate or an executory contract. The recording act does not specifically provide for recording options to purchase. An option can be insured if it is contained within a lease, however a "naked" option is not insurable at this time.
Clogging the equity of redemption
There does not appear to be any case law in Missouri that recognizes that an option held by a lender is a clog on the equity of redemption. There is no statute that exempts options held by lenders as a clog on the equity of redemption.