Liens in Missouri
Contents
- 1 Overview
- 2 Alimony/Support
- 3 Bail Liens
- 4 Broker Liens
- 5 Child Support Liens
- 6 Civil Money Judgments
- 7 Community Association Liens
- 8 Community Facilities District Liens
- 9 Construction/Mechanic’s Liens
- 10 Criminal Money Judgments
- 11 Estate Tax Liens
- 12 Financing Statements
- 13 Hospital Liens
- 14 Inheritance Tax Liens
- 15 Lis Pendens
- 16 Municipal Assessments
- 17 Municipal Liens
- 18 Real Property Tax Liens
- 19 Security Instruments
- 20 State Tax Liens
- 21 Cross-References
Overview
Liens affecting real property in Missouri are primarily filed at the county level. The Circuit Court contains the civil court records for each county while the Recorder of Deeds is the primary land records office for each county. Delinquent real property taxes and municipal assessments may also constitute liens against real property. These types of liens may not necessarily be filed at the county level and so a separate search or certification must be obtained to determine any delinquencies.
Alimony/Support
Alimony or Spousal Support may be awarded by a court when a Divorce Decree is entered MO Rev Stat § 452.080.. The order acts as a general lien on any real property owned by the debtor in the county in which it is entered without any separate filing. It will attach to after-acquired property and does not expire.
Bail Liens
N/A.
Broker Liens
Missouri law provides that a real estate broker has a lien on commercial real estate or an interest in such commercial real estate in the amount of the compensation as agreed upon by the real estate broker and the real estate broker's client pursuant to a written agreement with the owner. (Section 429.605 of the Missouri Revised Statutes) The lien attaches when the broker records a notice of the lien in the office of the recorder of deeds in the county in which the real estate is located. If the broker has an agreement with the purchaser, the lien attaches at the time the purchaser accepts conveyance and if the broker records a notice of lien within ninety days after the purchase or transfer of interest to the buyer. It is important that, at the time of closing, the broker acknowledges that no agreement with the buyer exists or that the terms thereof have been fulfilled. It should also be noted that real estate appraisers and title insurance companies have lien rights with respect to work performed for appraisal services or for title examination services with respect to commercial real estate. (Section 429.629 Missouri Revised Statutes)
Child Support Liens
Child Support Liens in Missouri expire after three (3) years from the date of filing. A Support Order, by itself, does not create any lien. A release of the lien can be prepared by the support agency and also by the payment recipient. MO Rev Stat § 454.515.
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
Condominium Association Liens
Condominium liens are automatic in rem liens on property from the moment of assessment. They do not need to be recorded. The association has three (3) years from the date of assessment to file suit to collect any delinquencies. MO Rev Stat § 448.3-116.
Homeowners' Association Liens
Missouri does not have any provision for creating statutory Homeowners' Association Liens. Instead, the status and priority of the lien is governed by the Declaration. Most HOAs collect overdue assessments by filing a regular lawsuit to obtain a Civil Money Judgments.
Community Facilities District Liens
N/A.
Construction/Mechanic’s Liens
See Construction Liens in Missouri
Criminal Money Judgments
Criminal Money Judgments and orders of restitution do not attach to real property in Missouri.
Estate Tax Liens
See Estates in Missouri.
Financing Statements
5 years (manufactured housing 30 years); can be renewed for successive terms.
Financing Statements are filed in the fixture index of the County Recorder's Office and also recorded in the County Recorder's real estate records. Additionally, a filing is done in the Office of the Secretary of State located in Jefferson City, Missouri.
Hospital Liens
Hospital liens do not create liens on real property. MO Rev Stat § 430.230.
Inheritance Tax Liens
N/A. See Estates in Missouri.
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.
As a general rule, assessments for municipal services are payable when a bill is issued. Although there is some confusion in Missouri as to when these assessments become a "lien," they are treated as a lien when the assessments are billed. Real estate taxes are a lien the first day of the year in which they will be paid. For example, taxes for 1999 become a lien on January 1, 1999. It is customary that assessments for sewer, water, and real estate taxes are pro-rated at the time of closing a sale of the property. Trustee's assessments are authorized by the documents creating the subdivision. Proof is required by title companies that no trustee assessments are due at the time of closing. A letter from the current trustee is normally sufficient proof for title insurance purposes.
Municipal Liens
Real Property Tax Liens
Real Property Tax Liens do not expire. See Real Property Taxes in Missouri.
Security Instruments
See Duration in 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]
