Difference between revisions of "Liens in Missouri"

Revision as of 11:02, 2 August 2018

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.

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 ==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.
 ==Municipal Liens==