Difference between revisions of "Unauthorized Practice of Law in Missouri"

From WFG Wiki
(Disbursement)
(Title Searching and Examination)
 
(4 intermediate revisions by the same user not shown)
Line 5: Line 5:
 
Mo. Ann. Stat. § 484.010 and 484.020 define in general what constitutes the practice of law in Missouri.
 
Mo. Ann. Stat. § 484.010 and 484.020 define in general what constitutes the practice of law in Missouri.
  
==Attorney Title Certifications==
+
==Title Searching and Examination==
  
Attorney Title Certifications are '''not required''' and not commonly used in Missouri.
+
Title Searches and Title Examinations are '''not required''' to be done by or supervised by attorneys in Missouri. Title Examination, however, is considered a licensed function and must be done by a licensed Missouri Title Producer.
 
 
==Attorney Title Opinions==
 
 
 
Attorney Title Opinions are '''not required''' and not commonly used in Missouri.
 
  
 
==Document Preparation==
 
==Document Preparation==
Line 19: Line 15:
 
==Closings and Escrow==
 
==Closings and Escrow==
  
In Missouri, closings are not required to be done by attorneys. Attorneys are not required to be represent any parties to the transaction.
+
Closings are '''not required''' to be done by or supervised by attorneys in Missouri. Attorneys are '''not required''' to be represent any parties to the transaction.
  
 
==Disbursement==
 
==Disbursement==
Line 27: Line 23:
 
==Recording==
 
==Recording==
  
Recording of documents in Missouri is not required to be done by or supervised by attorneys.
+
Document recording in Missouri is '''not required''' to be done by or supervised by attorneys.
  
 
==Other==
 
==Other==
Line 42: Line 38:
 
==Cross-References==
 
==Cross-References==
 
* [[Missouri]]
 
* [[Missouri]]
 +
* [[Unauthorized Practice of Law]]

Latest revision as of 18:40, 19 August 2018

Overview

Sources

Mo. Ann. Stat. § 484.010 and 484.020 define in general what constitutes the practice of law in Missouri.

Title Searching and Examination

Title Searches and Title Examinations are not required to be done by or supervised by attorneys in Missouri. Title Examination, however, is considered a licensed function and must be done by a licensed Missouri Title Producer.

Document Preparation

Title companies and their agents may prepare standardized document forms such as deeds and other documents in connection with the issuance of a title insurance policy.

Closings and Escrow

Closings are not required to be done by or supervised by attorneys in Missouri. Attorneys are not required to be represent any parties to the transaction.

Disbursement

Disbursement of files in Missouri is not required to be done by or supervised by attorneys.

Recording

Document recording in Missouri is not required to be done by or supervised by attorneys.

Other

  • UPL Hot Button Issues -- Don’t charge a doc prep fee
  • An attorney is not required. A Licensed Missouri Producer must search, examine, close, record or handle any other aspects of closing and commitment and policy issuance. (License issued by the Missouri Dept. of Insurance, Financial Institutions and Professional Licensing: MO DIFP) RSMo 381.031.19
  • Title insurance companies, which do closings normally, prepare the deed, affidavit, and the HUD-1 closing statement. Lenders sometimes prepare their own documents, however, title companies will often prepare some lenders' documents.

The leading case in Missouri is in re First Escrow, Inc. (840 SW2d 839). The Missouri Bar Association filed an action against a closing company for providing legal services to its customers in violation of Missouri statutes. The Missouri Supreme Court held that

  1. escrow companies could complete simple, standardized forms or documents not requiring exercising judgment or discretion as agents for one with a direct financial interest in the transaction or licensed attorney who represents a party to the transaction;
  2. escrow companies may not charge a separate fee for document preparation, and
  3. attorneys engaged by escrow closing companies may not provide legal services to the company's customers. The Supreme Court specifically stated that these standards apply to title insurance companies.

Cross-References