Difference between revisions of "Liens in Missouri"
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==Overview== | ==Overview== | ||
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| + | 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. | ||
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| + | ==Alimony/Support== | ||
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| + | Alimony or Spousal Support may be awarded by a court when a Divorce Decree is entered [https://law.justia.com/codes/missouri/2011/titlexxx/chapter452/section452080/ 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''' until paid in full. This is also referred to as Spousal Maintenance. | ||
==Bail Liens== | ==Bail Liens== | ||
| + | |||
| + | N/A. | ||
==Broker Liens== | ==Broker Liens== | ||
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| + | 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== | ||
| − | + | 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. [https://law.justia.com/codes/missouri/2011/titlexxx/chapter454/section454515/ MO Rev Stat § 454.515]. | |
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| − | [https://law.justia.com/codes/missouri/2011/titlexxx/chapter454/section454515/ MO Rev Stat § 454.515]. | ||
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==Civil Money Judgments== | ==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. [https://law.justia.com/codes/missouri/2011/titlexxxv/chapter511/section511360/ 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. <u>Meyer v. Ragar</u>, 935 S.W. 2d 197 (Mo.App. 1996). | + | 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'''. [https://law.justia.com/codes/missouri/2011/titlexxxv/chapter511/section511360/ 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. <u>Meyer v. Ragar</u>, 935 S.W. 2d 197 (Mo.App. 1996). |
==Community Association Liens== | ==Community Association Liens== | ||
| − | === | + | ===Condominium Association Liens=== |
| − | Condominium liens are automatic 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. [https://law.justia.com/codes/missouri/2011/titlexxix/chapter448/section4483-116/ MO Rev Stat § 448.3-116]. | + | 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. [https://law.justia.com/codes/missouri/2011/titlexxix/chapter448/section4483-116/ MO Rev Stat § 448.3-116]. |
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| + | ===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 Judgment. | |
| − | Missouri does not have any statutory | ||
==Community Facilities District Liens== | ==Community Facilities District Liens== | ||
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==Criminal Money Judgments== | ==Criminal Money Judgments== | ||
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| + | Criminal Money Judgments and orders of restitution do not attach to real property in Missouri unless they have been transcribed. | ||
==Estate Tax Liens== | ==Estate Tax Liens== | ||
See [[Estates in Missouri]]. | See [[Estates in Missouri]]. | ||
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| + | ==Federal Tax Liens and Judgments== | ||
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| + | * See [[Federal Tax Liens]] | ||
| + | * See [[Federal Judgments]] | ||
==Financing Statements== | ==Financing Statements== | ||
| − | + | Financing Statements (UCCs) in Missouri are filed in the Recorder of Deeds Office in the fixture index as well as the regular public land records. Regular filings constitute a lien for '''five (5) years''' and may be revived for same period by filing a continuation statement. Financing Statements filed against '''mobile homes''' or other types of manufactured housing act as a lien for '''thirty (30) years'''. | |
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==Hospital Liens== | ==Hospital Liens== | ||
| − | Hospital liens | + | Hospital liens do not create liens on real property. [https://law.justia.com/codes/missouri/2011/titlexxvii/chapter430/section430230/ MO Rev Stat § 430.230]. |
==Inheritance Tax Liens== | ==Inheritance Tax Liens== | ||
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==Lis Pendens== | ==Lis Pendens== | ||
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| + | Notices of Lis Pendens are filed in the Recorder of Deeds office. They do not expire until the underlying lawsuit has been dismissed or resolved. Any judgment of the court will have a retroactive date as of the filing of the Lis Pendens. | ||
==Municipal Assessments== | ==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. | + | 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. 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. Certain liens can be 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== | |
| − | + | Municipal Liens are filed in the Circuit Court of the county in which the property is located. The liens are in rem against the specific property listed in the lien. Depending on the type of lien and any ordinance that enabled it, the lien may have priority back to the date of its original assessment rather than the date of filing. | |
| − | + | ==Real Property Tax Liens== | |
| − | + | Real Property Tax Liens do not expire. See [[Real Property Taxes in Missouri]]. | |
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==Security Instruments== | ==Security Instruments== | ||
| − | See [[Security Instruments in Missouri]] | + | See [[Security Instruments in Missouri#Duration|Security Instruments in Missouri]]. |
==State Tax Liens== | ==State Tax Liens== | ||
| − | * | + | * Missouri tax liens expire after 10 years, but may be renewed one time prior to expiring for an additional 10 years (20 years total). |
* Article [http://www.carnahanlaw.com/IRS/motaxcollection.html] | * Article [http://www.carnahanlaw.com/IRS/motaxcollection.html] | ||
* Interest Rate Calculation [https://dor.mo.gov/intrates.php] | * Interest Rate Calculation [https://dor.mo.gov/intrates.php] | ||
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| + | ==Other== | ||
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| + | * TEFRA liens (Mo. Code Regs. tit. 13 § 70-4.110) | ||
==Cross-References== | ==Cross-References== | ||
Latest revision as of 09:49, 8 November 2020
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 Federal Tax Liens and Judgments
- 13 Financing Statements
- 14 Hospital Liens
- 15 Inheritance Tax Liens
- 16 Lis Pendens
- 17 Municipal Assessments
- 18 Municipal Liens
- 19 Real Property Tax Liens
- 20 Security Instruments
- 21 State Tax Liens
- 22 Other
- 23 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 until paid in full. This is also referred to as Spousal Maintenance.
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 Judgment.
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 unless they have been transcribed.
Estate Tax Liens
See Estates in Missouri.
Federal Tax Liens and Judgments
- See Federal Tax Liens
- See Federal Judgments
Financing Statements
Financing Statements (UCCs) in Missouri are filed in the Recorder of Deeds Office in the fixture index as well as the regular public land records. Regular filings constitute a lien for five (5) years and may be revived for same period by filing a continuation statement. Financing Statements filed against mobile homes or other types of manufactured housing act as a lien for thirty (30) years.
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
Notices of Lis Pendens are filed in the Recorder of Deeds office. They do not expire until the underlying lawsuit has been dismissed or resolved. Any judgment of the court will have a retroactive date as of the filing of the 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. 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. Certain liens can be 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
Municipal Liens are filed in the Circuit Court of the county in which the property is located. The liens are in rem against the specific property listed in the lien. Depending on the type of lien and any ordinance that enabled it, the lien may have priority back to the date of its original assessment rather than the date of filing.
Real Property Tax Liens
Real Property Tax Liens do not expire. See Real Property Taxes in Missouri.
Security Instruments
See Security Instruments in Missouri.
State Tax Liens
- Missouri tax liens expire after 10 years, but may be renewed one time prior to expiring for an additional 10 years (20 years total).
- Article [1]
- Interest Rate Calculation [2]
Other
- TEFRA liens (Mo. Code Regs. tit. 13 § 70-4.110)
