Missouri Statute | Act | Code |County, Township And Political Subdivision Government| US Code - US Statute

As used in this chapter, unless the context clearly indicates
otherwise, the following terms mean:

(1) "Copying" or "reproducing", any recorded instrument or document, the
act of making a single reproduction in any medium of a recorded document
or instrument;

(2) "Document" or "instrument", any writing or drawing presented to the
recorder of deeds for recording;

(3) "Duplicate", copies, copies requested concurrently with, but in
excess of one reproduction in any medium of a recorded instrument or
document or collection thereof;

(4) "File", "filed" or "filing", the act of delivering or transmitting a
document to the recorder of deeds for recording into the official public
record;

(5) "Grantor" or "grantee", the names of the parties involved in the
transaction used to create the recording index;

(6) "Legal description" includes but is not limited to the lot or parts
thereof, block, plat or replat number, plat book and page and the name of
any recorded plat or a metes and bounds description with acreage, if
stated in the description, or the quarter/quarter section, and the
section, township and range of property, or any combination thereof. The
address of the property shall not be accepted as legal description;

(7) "Legible", all text, seals, drawings, signatures or other content
within the document must be capable of producing a clear and readable
image from record, regardless of the process used for recording;

(8) "Page", any writing, printing or drawing printed on one side only
covering all or part of the page, not larger than eight and one-half
inches in width and eleven inches in height for pages other than a plat
or survey;

(9) "Record", "recorded" or "recording", the recording of a document into
the official public record, regardless of the process used;

(10) "Recorder of deeds", the separate recorder of deeds in those
counties where separate from the circuit clerk and the circuit clerk and
ex officio recorder of deeds in those counties where the offices are
combined. (L. 2001 H.B. 606 merged with S.B. 288 merged with S.B. 515,
A.L. 2005 H.B. 58 merged with S.B. 210)

There shall be an office of recorder in each county in the state
to be styled "The Office of the Recorder of Deeds". (RSMo 1939 § 13147,
A.L. 1941 p. 524, A.L. 1945 p. 1424)

Prior revisions: 1929 § 11526; 1919 § 10551; 1909 § 10364

In all counties of the first and second classes, and in counties
of the third class where the offices of clerk of the circuit court and
recorder of deeds are separate, the qualified electors thereof, in the
November election in the year 1946 and every four years thereafter, shall
elect some suitable person as recorder who shall hold office for four
years and until his successor is elected, commissioned, and qualified. He
shall enter upon the duties of his office on the first day of January
next following the election. (RSMo 1939 § 13155, L. 1945 p. 1424 §
13147a, A.L. 1959 S.B. 70)

Prior revisions: 1929 § 11541; 1919 § 10566; 1909 § 10379

1. Notwithstanding the provisions of this chapter or chapter 478,
RSMo, or any other provision of law in conflict with the provisions of
this section, in any county which becomes a county of the second class
after September 28, 1987, and wherein the offices of circuit clerk and
recorder of deeds are combined, such combination shall continue until the
governing body of the county authorizes the separation of the offices as
provided in section 59.042.

2. Each county in which the circuit clerk ex officio recorder of deeds
was appointed to office before August 28, 2003, shall place the office on
the ballot at the general election in November, 2006, and the person
elected at the general election shall be the circuit clerk ex officio
recorder of deeds of the county until a successor is elected and
qualified pursuant to section 483.015, RSMo. The person in such office on
August 28, 2003, shall continue to hold office until a successor is
elected and qualified pursuant to this subsection unless sooner removed.
In the event that the county separates the offices of circuit clerk and
recorder of deeds before the general election in November, 2006, the
person in office at the time of the separation shall continue to perform
the duties of the offices until a successor is elected and qualified for
each office pursuant to this section, section 59.020, and section
483.015, RSMo, unless sooner removed. (L. 1987 S.B. 65, et al., A.L. 2001
S.B. 288, A.L. 2003 S.B. 186)

In any county where the offices of clerk of the circuit court and
the recorder of deeds are combined, the governing body of said county, by
public vote, may authorize the separation of the two offices. In all
counties where the offices are separated after August 28, 2003, the
qualified voters shall elect a separate recorder of deeds at the next
general election. Thereafter, the recorder of deeds shall be elected
pursuant to section 59.020. (L. 2001 S.B. 288, A.L. 2003 S.B. 186)

In all counties where the recorder of deeds and the clerk of the
circuit court are separated after December 31, 2003, in the next November
general election, and every four years thereafter, the qualified voters
of such county shall elect some suitable person as circuit court clerk
who shall hold office for four years until a successor is elected,
commissioned and qualified. Such person shall enter upon the duties of
office on the first day of January next following the election. (L. 2001
S.B. 288)

Effective 7-1-01

In any county, except counties with a charter form of government,
counties of the first classification, and any city not within a county,
where the recorder of deeds is separate from that of the clerk of the
circuit court, each recorder of deeds shall be paid the statutory
compensation provided for by sections 50.333 and 50.334, RSMo. (L. 2005
H.B. 58 merged with S.B. 210)

No recorder shall enter upon or officiate in his office before he
has given such security, upon pain of forfeiting the sum of three hundred
dollars, one-half to the county and the other half to him who shall sue
for the same, to be recovered by civil action. (RSMo 1939 § 13152)

Prior revisions: 1929 § 11531; 1919 § 10556; 1909 § 10369

1. In all counties of the fourth class, the clerks of the circuit
court shall be ex officio recorder for their respective counties, unless
the governing body of such county has separated the two offices pursuant
to sections 59.042 and 59.043.

2. With respect to any county that elects to separate the offices of
clerk of the circuit court and recorder of deeds, all references in
statutes to the "circuit clerk ex officio recorder of deeds" shall be
deemed, after the separation, to refer to either the circuit clerk or the
recorder of deeds, as appropriate in the context of the reference. (RSMo
1939 § 13149, A.L. 1945 p. 1424 § 13147b, A.L. 2001 S.B. 288)

Prior revisions: 1929 § 11528; 1919 § 10553; 1909 § 10366

Effective 7-1-01

Every recorder elected as provided in section 59.020, before
entering upon the duties of the office as recorder, shall enter into bond
to the state, in a sum set by the county commission of not less than one
thousand dollars, with sufficient sureties, not less than two, to be
approved by the commission, conditioned for the faithful performance of
the duties enjoined on such person by law as recorder, and for the
delivering up of the records, books, papers, writings, seals, furniture
and apparatus belonging to the office, whole, safe and undefaced, to such
officer's successor. (RSMo 1939 §§ 13150, 13155, A.L. 1959 S.B. 70, A.L.
1994 H.B. 1528, A.L. 2001 S.B. 288)

Prior revisions: 1929 § 11529; 1919 § 10554; 1909 § 10367

Effective 7-1-01

CROSS REFERENCE: Sureties on bonds of county officers, qualifications,
RSMo 107.010 to 107.070

Such bonds shall be deposited in the office of the secretary of
state, and by him recorded. (RSMo 1939 § 13151)

Prior revisions: 1929 § 11530; 1919 § 10555; 1909 § 10368

The recorder shall keep his office at the seat of justice, and
the county commission shall provide the same with suitable books, in
which the recorder shall record all instruments of writing authorized and
required to be recorded. If there is no courthouse or other suitable
county building at the seat of justice, the county commission shall
provide an office for the recorder at any other place in the county where
there is a courthouse and courts of record are held. (RSMo 1939 § 13148)

Prior revisions: 1929 § 11527; 1919 § 10552; 1909 § 10365

Every recorder of deeds shall have a seal of office, and shall
have power to take the acknowledgment of proof of deeds and instruments
of writing. (RSMo 1939 § 13180, A.L. 2001 S.B. 288)

Prior revisions: 1929 § 11561; 1919 § 10584; 1909 § 10397

Effective 7-1-01

When the clerk of the circuit court is ex officio recorder of the
county, he shall use the seal of said court in all cases in which his
official seal is to be affixed. (RSMo 1939 § 13153)

Prior revisions: 1929 § 11532; 1919 § 10557; 1909 § 10370

Hereafter whenever, under any law of this state relating to the
duties of the recorder of deeds in any county of this state, it becomes
necessary for any person to be sworn to any statement, affidavit or other
papers of any kind, the recorder of deeds shall be authorized to
administer an oath to any person in matters relating to the duties of his
office, with like effect as clerks of courts of record; provided, he use
his seal of office to the jurat, as clerks of courts of record do. He
shall receive the same compensation allowed by law for like service as
clerks of courts are now allowed. (RSMo 1939 § 13181)

Prior revisions: 1929 § 11562; 1919 § 10585; 1909 § 10398

It shall hereafter be the duty of recorders of deeds, in cities
which now have, or may hereafter have, a population of three hundred
thousand inhabitants or over to keep their offices open for the
transaction of business between the hours of nine o'clock in the morning
and five o'clock in the afternoon Monday through Friday, except on days
which are now or which may be hereafter declared public holidays by the
laws of this state. (RSMo 1939 § 7745, A.L. 1990 H.B. 1716)

Prior revisions: 1929 § 7597; 1909 § 9007

In any county of the first class in which the recorder of deeds
is required by law to keep offices both at the county seat and at another
place within the county, all deeds, deeds of trust, mortgages, and other
instruments affecting real property situated in that range in the county
where the office outside of the county seat is located shall be recorded
in such office and not at the county seat; and the proper place to file,
or to file for record if goods are or are to become fixtures, is as
follows:

(1) When the collateral is goods which at the time the security interest
attaches are or are to become fixtures, and the land to which the
fixtures are or are to be attached is located in that range where the
office outside the county seat is located, then in such office outside
the county seat, and any such filing shall be for record;

(2) In all other cases where the proper place, or one of the proper
places, to file or to file for record is in the office of the recorder of
deeds of such county, then only in such office at the county seat and not
in such office outside the county seat;

(3) All financing statements or other instruments or statements
incidental thereto, such as continuation statements, termination
statements, statements of assignment, in order to perfect, continue,
terminate, assign, release, or affect a security interest in accordance
with article 9, chapter 400, the uniform commercial code, shall have
priority over liens filed under this section for the time period after
June 30, 2001, and before August 28, 2003. (L. 1957 p. 347 § 1, A.L. 1965
pp. 114, 170, A.L. 1969 H.B. 677, A.L. 2003 H.B. 221 merged with S.B. 346)

Any recorder of deeds of a county of the first class who is
required by law to keep an office at the county seat and also at another
place within his county is not required to make or keep at his office at
the county seat any abstract or index of instruments or papers recorded
or filed in the office outside of the county seat and no such abstract or
index of instruments recorded at the county seat is required to be made
or kept at the office outside of the county seat, any other provision of
law to the contrary notwithstanding. (L. 1957 p. 347 § 2)

The recorder of deeds for Jackson County, Missouri, shall open an
office at Kansas City, in which shall be recorded all deeds, deeds of
trust, mortgages and other instruments affecting real property situated
in range thirty-three in that county, and in which shall be filed or
filed for record all financing statements and other instruments or
statements incidental thereto affecting personal property, fixtures, or
other collateral as to which it is the proper place, or one of the proper
places, to file or to file for record as provided by law. (RSMo 1939 §
15662, A.L. 1965 p. 170, A.L. 1969 H.B. 677)

It shall be the duty of the county commission to furnish a
suitable room in which the office shall be kept, and to furnish all fuel,
books, stationery, and supplies required in and about the office, and all
deeds, deeds of trust, mortgages, and other instruments affecting real
property situated in range thirty-three, or fixtures attached or to be
attached thereto, shall be recorded in a well-bound book or books, to be
kept at the office in Kansas City. (RSMo 1939 § 15663, A.L. 1965 p. 170,
A.L. 1969 H.B. 677)

Every recorder of deeds or the deputy of any such officer, who
shall engage in the business of making abstracts of instruments of record
in his office affecting the title to lands, for profit or hire, or who
shall furnish to any person or persons any written extract, excerpt,
memoranda or copy of any such instrument of record, for profit or hire,
otherwise than under and in pursuance of the statutes defining his duties
as such officer and in his official capacity, duly authenticating each
extract, excerpt, memoranda or copy of every such instrument so furnished
under the seal of his office, shall be deemed guilty of a misdemeanor and
shall, upon conviction, be punished by a fine of not less than twenty nor
more than fifty dollars. (RSMo 1939 § 13189)

Prior revisions: 1929 § 11570; 1919 § 10593

It shall be the duty of the county commission to audit and settle
the accounts of recorders for books purchased for the use of their
offices, and allow, in their discretion, such sums as shall be
reasonable, to be paid out of the county treasury. (RSMo 1939 § 13186)

Prior revisions: 1929 § 11567; 1919 § 10590; 1909 § 10403

Beginning January 1, 1998, in the city of St. Louis, the recorder
of deeds shall receive as total compensation an annual salary of
fifty-eight thousand three hundred dollars and beginning January 1, 1999,
in the city of St. Louis, the recorder of deeds shall receive as total
compensation an annual salary of sixty-four thousand one hundred thirty
dollars. Thereafter, the compensation of the recorder of deeds of the
city of St. Louis may be annually increased by an amount equal to the
annual salary adjustment for employees of the city of St. Louis as
approved by the board of alderman of said city. (L. 1945 p. 574 §§ 2, 3,
A. 1949 H.B. 2017, A.L. 1957 p. 322, A.L. 1973 H.B. 685, A.L. 1978 S.B.
775, A.L. 1987 S.B. 65, et al., A.L. 1997 S.B. 11, A.L. 1998 H.B. 1480)

The recorder of deeds in counties of the first class not having a
charter form of government shall keep a full, true and faithful account
of all fees of every kind received and shall make a report thereof at the
end of each year to the county commission. All fees, charges and moneys
collected or received by the recorder of deeds shall be paid by him into
the county treasury. (L. 1973 H.B. 685)

The recorder of deeds in counties of the second class shall keep
a full, true and faithful account of all fees of every kind received and
shall make a report thereof every year to the county commission. All fees
received by him each year of his official term shall be paid by him into
the county treasury, to form a part of the jury fund of the county,
except that whenever there is in the county treasury to the credit of the
jury fund six thousand dollars or more, the aforementioned fees received
by the recorder of deeds shall be paid into the county treasury to the
credit of the general revenue fund. (L. 1945 p. 1560 § 1, A.L. 1951 p.
381, A.L. 1959 S.B. 196, A.L. 1967 p. 137)

The recorder of deeds of each county of the first class not
having a charter form of government and of each county of the second
class shall charge, receive and collect in all cases every fee, charge,
or money due his office by law. He shall also, when he makes and files
the report required by section 59.227 or by section 59.230 at the end of
each year of his official term, verify the same by affidavit, and the
report shall show the source and amount of every fee or charge collected.
All fees, charges and moneys collected by the recorder of deeds shall be
the property of the county. (L. 1945 p. 1560 § 2, A.L. 1967 p. 137, A.L.
1973 H.B. 685)

In all counties of the first class not having a charter form of
government and in all counties of the second class, the recorder of deeds
shall furnish the county assessor, upon the recording of conveyances of
real estate, the legal descriptions and the names and addresses of the
grantees of the property conveyed for the purpose of maintaining current
tax lists and for properly sending out annual tax statements. (L. 1951 p.
381 § 59.241, A.L. 1967 p. 137, A.L. 1973 H.B. 685, A.L. 1990 H.B. 1327)

1. The recorder of deeds in counties wherein there is a separate
circuit clerk and recorder, shall keep a full, true and faithful account
of all fees of every kind received. The recorder shall make a report
thereof each year to the county commission.

2. It shall be the duty of the recorder of deeds to charge, receive and
collect in all cases every fee, charge or money due the recorder's office
by law. The recorder of deeds shall also, when he or she makes and files
the report required by this section at the end of each year of his or her
official term, verify such report by affidavit, and the report shall show
the source and amount of every fee or charge collected. All fees, charges
and moneys collected by the recorder of deeds shall be the property of
the county. Every recorder of deeds shall be liable on his or her
official bond for all fees collected and not accounted for by him or her
and paid into the county treasury as provided by this section. (L. 1945
p. 1526 § 1, A.L. 1953 p. 372, A.L. 1965 p. 172, A.L. 1969 H.B. 119, A.L.
2001 S.B. 288)

Effective 7-1-01

The recorder of deeds in each county wherein the offices of
circuit clerk and recorder of deeds are separate and the circuit clerk
and ex officio recorder of deeds in each county wherein the offices are
combined shall keep in his or her office a record known as the "Marginal
Release of Deeds of Trust" in which was recorded, at the time of the
execution of a marginal release of a deed of trust, executed prior to
August 28, 1991, the names of the grantors and grantees, the book and
page of release, the date of release and to whom delivered. (L. 1959 S.B.
171 § 1, A.L. 1965 p. 172, A.L. 2001 S.B. 288)

Effective 7-1-01

The recorder of deeds in counties wherein there is a separate
circuit clerk and recorder is entitled to appoint the deputies that the
recorder of deeds, with the approval of the county commission, deems
necessary for the prompt and proper discharge of the duties of his
office. The deputies shall possess the same qualifications as the
recorder and may, in the name of their principal, perform the duties of
the recorder of deeds, but all recorders of deeds and their sureties are
responsible for the official conduct of their deputies. The deputies
appointed pursuant to this section shall receive the salaries that are
fixed by the recorder of deeds, with the approval of the county
commission, from the general revenue of the county. The appointment of
every deputy shall be in writing, endorsed with an oath of office similar
to that taken by the recorder of deeds and subscribed to by the deputy
appointed, and filed by the recorder with the county commission. (L. 1969
H.B. 119, A.L. 2001 S.B. 288)

Effective 7-1-01

It shall be the duty of the circuit clerk and recorder of
counties wherein the offices are combined to charge and collect for the
county in all cases every fee accruing to his or her office as recorder
of the county to which he or she may be entitled under the law, and shall
at the end of each month, file with the county clerk a report of all fees
charged and accruing to his office during such month, together with the
names of persons paying such fees. It shall be the duty of the circuit
clerk and recorder, upon the filing of said report, to forthwith pay over
to the county treasurer all moneys that shall have been collected by him
or her as recorder during the month and required to be shown in such
monthly report as herein provided, taking duplicate receipts therefor,
one of which shall be filed with the county clerk; and every such circuit
clerk and recorder shall be liable on his or her official bond for all
fees collected and not accounted for by him or her, and paid into the
county treasury as herein provided. (L. 1945 p. 1529 § 3, L. 1945 p. 1532
§ 3, A.L. 1949 H.B. 2017, A.L. 2001 S.B. 288)

Effective 7-1-01

The recorder of deeds of all counties of the first class not
having a charter form of government shall appoint such assistants and
deputies as he deems necessary for the proper discharge of the duties of
his office, and may set their compensation within the limits of the
allocations made for that purpose by the county commission. The
compensation for the assistants and deputies shall be paid in equal
installments out of the county treasury in the same manner as other
county employees are paid. (RSMo 1939 § 13466, A.L. 1945 p. 1566 § 13135,
A.L. 1947 V. I p. 520, A. 1949 H.B. 2017, A.L. 1951 p. 388, A.L. 1955 p.
354, A.L. 1959 S.B. 70, A.L. 1961 p. 267, A.L. 1971 H.B. 484, A.L. 1973
H.B. 685)

Prior revisions: 1929 § 11834; 1919 § 11042; 1909 § 10738

The recorder of deeds, in counties of the second class, is
entitled to appoint the deputies that the recorder of deeds, with the
approval of the county commission, deems necessary for the prompt and
proper discharge of the duties of his office. The deputies shall possess
the qualifications of clerks of courts of record, and may, in the name of
their principal, perform the duties of the recorder of deeds, but all
recorders of deeds and their sureties are responsible for the official
conduct of their deputies. The deputies, appointed as herein provided,
shall receive the salaries that are fixed by the recorder of deeds, with
the approval of the county commission. The appointment of every deputy
shall be in writing, endorsed with an oath of office, similar to that
taken by the recorder and subscribed to by the deputy appointed, and
filed by the recorder of deeds with the county commission. (L. 1945 p.
1560 § 3, A.L. 1959 S.B. 70)

The circuit clerk and recorder in counties wherein the offices
are combined, as recorder of the county, may appoint in writing one or
more deputies, to be approved by the circuit judge of the circuit court,
which appointment with the like oath of office as their principals, to be
taken by them and endorsed thereon shall be filed in the office of the
county clerk. Such deputy recorders shall possess the qualifications of
clerks of courts of record, and may, in the name of their principals,
perform the duties of recorders of deeds, but all circuit clerks and
recorders and their sureties shall be responsible for the official
conduct of their deputies. (RSMo 1939 § 13160, A.L. 1945 p. 1529 § 6,
A.L. 1945 p. 1532 § 6, A. 1949 H.B. 2017, A.L. 1978 H.B. 1634, A.L. 2001
S.B. 288)

Prior revisions: 1929 § 11542; 1919 § 10567; 1909 § 10380

Effective 7-1-01

1. The county recorder of deeds may refuse any document presented
for recording that does not meet the following requirements:

(1) The document shall consist of one or more individual pages printed
only on one side and not permanently bound nor in a continuous form. The
document shall not have any attachment stapled or otherwise affixed to
any page except as necessary to comply with statutory requirements,
provided that a document may be stapled together for presentation for
recording; a label that is firmly attached with a bar code or return
address may be accepted for recording;

(2) The size of print or type shall not be smaller than eight-point type
and shall be in black or dark ink. Should any document presented for
recording contain type smaller than eight-point type, such document shall
be accompanied by an exact typewritten copy not smaller than eight-point
type to be recorded contemporaneously as additional pages of the document;

(3) The document must be of sufficient legibility to produce a clear and
legible reproduction thereof. Should any document not be of sufficient
legibility to produce a clear and legible reproduction, such document
shall be accompanied by an exact typewritten copy not smaller than
eight-point type to be recorded contemporaneously as additional pages of
the document;

(4) The document shall be on white paper or light-colored of not less
than twenty-pound weight without watermarks or other visible inclusions,
except for plats and surveys, which may be on materials such as Mylar or
velum. All text within the document shall be of sufficient color and
clarity to ensure that when the text is reproduced from record, it shall
be readable;

(5) All signatures on a document shall be in black or dark ink, such that
such signatures shall be of sufficient color and clarity to ensure that
when the text is reproduced from record, it shall be readable, and shall
have the corresponding name typed, printed or stamped underneath said
signature. The typing or printing of any name or the applying of an
embossed or inked stamp shall not cover or otherwise materially interfere
with any part of the document except where provided for by law;

(6) The documents shall have a top margin of at least three inches of
vertical space from left to right, to be reserved for the recorder of
deeds' certification and use. All other margins on the document shall be
a minimum of three-fourths of one inch on all sides. Nonessential
information such as form numbers, page numbers or customer notations may
be placed in the margin. A document may be recorded if a minor portion of
a seal or incidental writing extends beyond the margins. The recorder of
deeds will not incur any liability for not showing any seal or
information that extends beyond the margins of the permanent archival
record.

2. Every document containing any of the items listed in this subsection
that is presented for recording, except plats and surveys, shall have
such information on the first page below the three-inch horizontal margin:

(1) The title of the document;

(2) The date of the document;

(3) All grantors' names;

(4) All grantees' names;

(5) Any statutory addresses;

(6) The legal description of the property; and

(7) Reference book and pages for statutory requirements, if applicable.

If there is not sufficient room on the first page for all of the
information required by this subsection, the page reference within the
document where the information is set out shall be stated on the first
page.

3. From January 1, 2002, documents which do not meet the requirements set
forth in this section may be recorded for an additional fee of twenty-
five dollars, which shall be deposited in the recorders' fund established
pursuant to subsection 1 of section 59.319.

4. Documents which are exempt from format requirements and which the
recorder of deeds may record include the following:

(1) Documents which were signed prior to January 1, 2002;

(2) Military separation papers;

(3) Documents executed outside the United States;

(4) Certified copies of documents, including birth and death certificates;

(5) Any document where one of the original parties is deceased or
otherwise incapacitated; and

(6) Judgments or other documents formatted to meet court requirements.

5. Any document rejected by a recorder of deeds shall be returned to the
preparer or presenter accompanied by an explanation of the reason it
could not be recorded.

6. Recorders of deeds shall be allowed fees for their services as follows:

(1) For recording every deed or instrument: five dollars for the first
page and three dollars for each page thereafter except for plats and
surveys;

(2) For copying or reproducing any recorded instrument, except surveys
and plats: a fee not to exceed two dollars for the first page and one
dollar for each page thereafter;

(3) For every certificate and seal, except when recording an instrument:
one dollar;

(4) For recording a plat or survey of a subdivision, outlets or
condominiums: twenty-five dollars for each sheet of drawings or
calculations based on a size not to exceed twenty-four inches in width by
eighteen inches in height. For recording a survey of one or more tracts:
five dollars for each sheet of drawings or calculations based on a size
not to exceed twenty-four inches in width by eighteen inches in height.
Any plat or survey larger than eighteen inches by twenty-four inches
shall be counted as an additional sheet for each additional eighteen
inches by twenty-four inches, or fraction thereof, plus five dollars per
page of other material;

(5) For copying a plat or survey of one or more tracts: a fee not to
exceed five dollars for each sheet of drawings and calculations not
larger than twenty-four inches in width and eighteen inches in height and
one dollar for each page of other material;

(6) For a document which releases or assigns more than one item: five
dollars for each item beyond one released or assigned in addition to any
other charges which may apply;

(7) For every certified copy of a marriage license or application for a
marriage license: two dollars;

(8) For duplicate copies of the records in a medium other than paper, the
recorder of deeds shall set a reasonable fee not to exceed the costs
associated with document search and duplication; and

(9) For all other use of equipment, personnel services and office
facilities, the recorder of deeds may set a reasonable fee. (RSMo 1939 §
13426, A.L. 1951 p. 396, A.L. 1977 S.B. 112, A.L. 1981 S.B. 348, A.L.
1985 H.B. 320, A.L. 2001 H.B. 606 merged with S.B. 515)

Prior revisions: 1929 § 11804; 1919 § 11012; 1909 § 10715

Effective 1-1-02

1. The recorder of deeds in a city not within a county may refuse
any document presented for recording that does not meet the following
requirements:

(1) The document shall consist of one or more individual pages not
permanently bound nor in a continuous form. The document shall not have
any attachment stapled or otherwise affixed to any page except as
necessary to comply with statutory requirements, provided that a document
may be stapled together for presentation for recording; a label that is
firmly attached with a bar code or return address may be accepted for
recording;

(2) The size of print or type shall not be smaller than eight-point type
and shall be in black or dark ink. Should any document presented for
recording contain type smaller than eight-point type, such document shall
be accompanied by an exact typewritten copy not smaller than eight-point
type to be recorded contemporaneously as additional pages of the document;

(3) The document must be of sufficient legibility to produce a clear and
legible reproduction thereof. Should any document not be of sufficient
legibility to produce a clear and legible reproduction, such document
shall be accompanied by an exact typewritten copy not smaller than
eight-point type to be recorded contemporaneously as additional pages of
the document;

(4) The document shall be on white or light-colored paper of not less
than twenty-pound weight without watermarks or other visible inclusions,
except for plats and surveys, which may be on materials such as Mylar or
velum. All text within the document shall be of sufficient color and
clarity to ensure that when the text is reproduced from record, it shall
be readable;

(5) All signatures on a document shall be in black or dark ink, such that
such signatures shall be of sufficient color and clarity to ensure that
when the text is reproduced from record, it shall be readable, and shall
have the corresponding name typed, printed or stamped underneath said
signature. The typing or printing of any name or the applying of an
embossed or inked stamp shall not cover or otherwise materially interfere
with any part of the document, except where provided for by law;

(6) Every document, except plats and surveys, shall have a top margin of
at least three inches of vertical space from left to right, to be
reserved for the recorder of deeds' certification and use. All other
margins on the document shall be a minimum of three-fourths of one inch
on all sides. Nonessential information such as form numbers, page numbers
or customer notations may be placed in the margin. A document may be
recorded if a minor portion of a seal or incidental writing extends
beyond the margins. The recorder of deeds will not incur any liability
for not showing any seal or information that extends beyond the margins
of the permanent archival record.

2. Every document containing any of the items listed in this subsection
that is presented for recording, except plats and surveys, shall have
such information on the first page below the three-inch horizontal line:

(1) The title of the document;

(2) The date of the document;

(3) All grantors' names;

(4) All grantees' names;

(5) Any statutory addresses;

(6) The legal description or descriptions of the property; and

(7) Reference book and page for statutory requirements, if applicable.

If there is not sufficient room on the first page for all the required
information, the page reference within the document where the information
is set out shall be placed on the first page.

3. From January 1, 2002, documents which do not meet the requirements set
forth in this section may be recorded for an additional fee of twenty-
five dollars, which shall be deposited in the recorders' fund established
pursuant to subsection 1 of section 59.319.

4. Documents which are exempt from format requirements and which the
recorder of deeds may record include the following:

(1) Documents which were signed prior to January 1, 2002;

(2) Military separation papers;

(3) Documents executed outside the United States;

(4) Certified copies of documents, including birth and death certificates;

(5) Any document where one of the original parties is deceased or
otherwise incapacitated; and

(6) Judgments or other documents formatted to meet court requirements.

5. Any document rejected by a recorder of deeds shall be returned to the
preparer or presenter accompanied by an explanation of the reason it
could not be recorded.

6. Recorders of deeds shall be allowed fees for their services as follows:

(1) For recording every deed or instrument: ten dollars for the first
page and five dollars for each page thereafter;

(2) For copying or reproducing any recorded instrument, except surveys
and plats: three dollars for the first page and two dollars for each page
thereafter;

(3) For every certificate and seal, except when recording an instrument:
two dollars;

(4) For recording a plat or survey of a subdivision, outlots or
condominiums: forty-four dollars for each sheet of drawings and
calculations based on a size of not to exceed twenty-four inches in width
by eighteen inches in height, plus ten dollars for each page of other
materials;

(5) For recording a survey of one tract of land, in the form of one sheet
not to exceed twenty-four inches in width by eighteen inches in height:
eight dollars;

(6) For copying a plat or survey: eight dollars for each page;

(7) For every certified copy of a marriage license or application for a
marriage license: five dollars;

(8) For releasing on the margin: eight dollars for each item released;

(9) For a document which releases or assigns more than one item: seven
dollars and fifty cents for each item beyond one released or assigned in
addition to any other charges which may apply; and

(10) For duplicate reels of microfilm: thirty dollars each.

For all other use of equipment, personnel services and office space the
recorder of deeds shall set attendant fees. (L. 1959 S.B. 26 § 1, A.L.
1984 S.B. 446, A.L. 1990 H.B. 1716, A.L. 1994 S.B. 567, A.L. 2001 H.B.
606 merged with S.B. 515)

Effective 1-1-02

1. A user fee of four dollars shall be charged and collected by
every recorder in this state, over and above any other fees required by
law, as a condition precedent to the recording of any instrument. The
state portion of the fee shall be forwarded monthly by each recorder of
deeds to the state director of revenue, and the fees so forwarded shall
be deposited by the director in the state treasury. Two dollars of such
fee shall be retained by the recorder and deposited in a recorder's fund
and not in county general revenue for record storage, microfilming, and
preservation, including anything necessarily pertaining thereto. The
recorder's funds shall be kept in a special fund by the treasurer and
shall be budgeted and expended at the direction of the recorder and shall
not be used to substitute for or subsidize any allocation of general
revenue for the operation of the recorder's office without the express
consent of the recorder. The recorder's fund may be audited by the
appropriate auditing agency, and any unexpended balance shall be left in
the fund to accumulate from year to year with interest.

2. An additional fee of three dollars shall be charged and collected by
every recorder in this state, over and above any other fees required by
law, as a condition precedent to the recording of any instruments
specified in subdivisions (1) and (2)* of section 59.330. The fees
collected from this additional three dollars per recorded instrument
shall be forwarded monthly by each recorder of deeds to the state
director of revenue, and the fees so forwarded shall be deposited by the
director in the state treasury.

3. The state treasurer and the commissioner of administration shall
establish an appropriate account within the state treasury and in
accordance with the state's accounting methods. Any receipt required by
this section to be deposited in the general revenue fund shall be
credited as follows: the amount of one dollar for each fee collected
under subsection 1 of this section to an account to be utilized for the
purposes of sections 60.500** to 60.610, RSMo; the amount of one dollar
for each fee collected under subsection 1 of this section to an account
to be utilized by the secretary of state for additional preservation of
local records; and the amount of three dollars collected under subsection
2 of this section into the Missouri housing trust fund as designated in
section 215.034, RSMo. (L. 1969 p. 123 § 17, A.L. 1985 H.B. 320, A.L.
1989 H.B. 786, A.L. 1994 H.B. 1745)

*Words "subsections 1 and 2" appear in original rolls.

**Section 60.500 was repealed by H.B. 68 § 1 Revision, 1983.

CROSS REFERENCE: Recorder's funds may be used for matching funds
requirements for grants for preservation of local records, RSMo 109.221

The recorder shall not be bound to make any record for which a
fee may be allowed by law other than records made for a political
subdivision of this state, unless such fee shall have been paid or
tendered by the party requiring the record to be made. The recorder may
make records for political subdivisions of this state or any officer
thereof without payment or tender of payment prior to the making of the
record and may bill the political subdivision on a monthly basis for fees
due for the making of such records. (RSMo 1939 § 13185, A.L. 1986 H.B.
931)

Prior revisions: 1929 § 11566; 1919 § 10589; 1909 § 10402

In addition to any other fee, the recorder of deeds in all
counties and any city not within a county shall collect one dollar on all
documents or instruments that are recorded. The recorder of deeds in all
counties, except in counties with a charter form of government and any
city not within a county, shall forward the fee to the county employees'
retirement system pursuant to section 50.1190, RSMo, provided, however,
that the recorder of deeds in any county with a charter form of
government and any city not within a county whose employees are not
members of the county employees' retirement system shall deposit the fee
to the general revenue of that county or city not within a county. The
provisions of this section shall become effective September 1, 2003. (L.
2003 H.B. 221 merged with S.B. 346)

Effective 9-1-03

1. It shall be the duty of recorders to record:

(1) All deeds, mortgages, conveyances, deeds of trust, assignments,
bonds, covenants, defeasances, or other instruments of writing, of or
concerning any lands and tenements, or goods and chattels, which shall be
proved or acknowledged, and authorized to be recorded in their offices;

(2) All papers and documents found in their respective offices, of and
concerning lands and tenements, or goods and chattels, and which were
received from the Spanish and French authorities at the change of
government;

(3) All marriage contracts and certificates of marriage;

(4) All commissions and official bonds required by law to be recorded in
their offices;

(5) All written statements furnished to him for record, showing the sex
and date of birth of any child or children, the name, business and
residence of the father and maiden name of the mother of such child or
children.

2. All deeds, mortgages, conveyances, deeds of trust, assignments, bonds,
covenants or defeasances, except supplemental indentures of utility
companies and rural electric cooperatives, must contain a legal
description of the lands affected. All deeds, except deeds of easement or
right-of-way conveying any lands or tenements must contain a mailing
address of one of the grantees named in the instrument. The recorder of
deeds shall not record such instrument absent such address or legal
description; provided, however, that the statutory constructive notice or
the validity of the instrument shall not be affected by the absence of
the address or the absence of the legal description. (RSMo 1939 § 13161,
A.L. 1963 p. 115, A.L. 1985 H.B. 210, A.L. 1989 H.B. 786, A.L. 1990 H.B.
1190, A.L. 1997 S.B. 164, A.L. 2003 S.B. 383)

Prior revisions: 1929 § 11543; 1919 § 10568; 1909 § 10381

The preparer of a document shall not include an individual's
federal Social Security number in a document that is prepared and
presented for recording in the office of the recorder of deeds. This
section does not apply to state or federal tax liens, military separation
or discharge papers, and other documents required by law to contain such
information that are filed or recorded in the office of the recorder of
deeds. (L. 2004 H.B. 795, et al.)

Any recorder of deeds shall receive for record and record any
certified copy of any matter in reference to bankruptcy which any act of
Congress of the United States may provide for as being necessary to be
filed in the county or counties wherein lands of a bankrupt are situated
in order to be notice of said bankruptcy. Such certified copy shall be
recorded in the record of deeds and indexed in the general index of deeds
in the name of the bankrupt, as grantor, and in the name of the trustee
in bankruptcy or receiver, if any, as grantee. The recorder of deeds
shall charge and collect the same fee for recording such certified copy
as is provided by law for recording a deed of the same length. (L. 1951
p. 367)

The several classes of instruments of writing mentioned in the
several subdivisions of section 59.330 shall be recorded in separate
books, according to their classification therein. (RSMo 1939 § 13162)

Prior revisions: 1929 § 11544; 1919 § 10569; 1909 § 10382

Instruments in writing, conveying chattels or personal property
alone, which by any law of this state are required to be recorded or
admitted of record in any recorder's office in this state, shall be
recorded in a series of volumes separate from those used for recording
conveyances of real estate. (RSMo 1939 § 13163)

Prior revisions: 1929 § 11545; 1919 § 10570; 1909 § 10383

All patents for lands lying within the state of Missouri, granted
to any person or persons by the President of the United States or the
governor of this state, may be recorded in the office of the recorder of
the county in which the lands are situated; and the recorder shall be
allowed the same fees for recording such patents as are allowed by law
for recording deeds or other instruments of writing. (RSMo 1939 § 13171)

Prior revisions: 1929 § 11552; 1919 § 10577; 1909 § 10390

All copies of patents so recorded, or which may have been
heretofore recorded, duly certified by the recorder, under his official
seal, shall be received in all courts in this state as prima facie
evidence of the contents of such patents. (RSMo 1939 § 13172)

Prior revisions: 1929 § 11553; 1919 § 10578; 1909 § 10391

The recorder shall record, without delay, every deed, mortgage,
conveyance, deed of trust, bond, commission or other writing delivered to
him for record, with the acknowledgment, proofs and certificates written
on or under the same, with the plats, surveys, schedules and other papers
therein referred to, and thereto annexed, in the order of time when the
same shall have been delivered for record, by writing them word for word,
in a fair hand, noting all interlineations and erasures and words visibly
written on erasures, and noting the day and time of the day, month and
year, when the instrument so recorded was delivered to him, or brought to
his office for record; and the same shall be considered as recorded from
the time it was so delivered. (RSMo 1939 § 13165, A.L. 1994 H.B. 1528)

Prior revisions: 1929 § 11547; 1919 § 10572; 1909 § 10385

Wherever the statutes require deeds, mortgages, conveyances,
deeds of trust, bonds, covenants, documents, marriage contracts,
certificates of marriage, commissions, official bonds, statements,
records, plats, surveys, schedules, papers, patents, or other instruments
of writing to be recorded, the making of photographic copies of such
deeds or other instruments of writing shall be deemed recording within
the meaning of this chapter. Such photographic copies shall be bound,
paged and indexed wherever it is so provided for deeds or other
instruments recorded by hand, and such photographic copies when bound
together shall be deemed record books within the meaning of this chapter.
(RSMo 1939 § 13188)

Prior revisions: 1929 § 11569; 1919 § 10592

CROSS REFERENCE: Photographic copies of records, deemed transcribing,
RSMo 109.100

In all cities in this state which now have or which may hereafter
have or contain six hundred thousand inhabitants or more and in all
counties in class one, the recorder shall record, without delay, every
deed, mortgage, conveyance, deed of trust, bond, commission or other
writing delivered to him for record, with the acknowledgment, proofs and
certificates written on or under the same, by writing them, word for
word, in a fair hand, or by typewriting them or by photostating them,
noting at the foot of such record all interlineations and erasures, and
the words visibly written on erasures, and noting, at the foot of the
record, the day and time of the day, month and year when the instrument
so recorded was delivered to him, or brought to his office for record;
and the same shall be considered as recorded from the time it was so
delivered. Except when otherwise provided by law it shall be the duty of
the recorder to deliver to the person holding his receipt therefor every
instrument so recorded within sixty days from the date upon which it was
presented for recording. (RSMo 1939 § 13166, A.L. 1945 p. 1426)

The recorder shall certify, on or under such deed, mortgage,
conveyance, deed of trust, bond, commission or other instrument, so
recorded, the day and time of the day, month and year, when he received
it, and the book and page or pages of the book in which it is recorded,
and, when recorded, deliver it to the party or his order. (RSMo 1939 §
13167)

Prior revisions: 1929 § 11548; 1919 § 10573; 1909 § 10386

The recorder of each county in this state shall keep in his
office a well-bound book or books, to be known as "The Abstract and Index
of Deeds", which shall have appropriate columns properly ruled and headed
for each of the following items, namely: Names of grantors and grantees,
date of instrument, date of filing instrument for record, nature of
instrument, book and page where recorded, description of land conveyed or
affected; said books shall be divided into two equal parts, the front
part to be alphabetically arranged for the names of grantors, and the
back part to be alphabetically arranged for the names of grantees. (RSMo
1939 § 13164)

Prior revisions: 1929 § 11546; 1919 § 10571; 1909 § 10384

The recorder shall, in like manner, make, keep and preserve a
similar index to all the books of record in his office wherein marriage
contracts and certificates of marriages are recorded. (RSMo 1939 § 13169)

Prior revisions: 1929 § 11550; 1919 § 10575; 1909 § 10388

He shall, in like manner, make, keep and preserve a similar index
to all the books of record wherein commissions and office bonds are
recorded, containing the names of the officers appointed, and of the
obligee and obligators in any bond recorded. (RSMo 1939 § 13170)

Prior revisions: 1929 § 11551; 1919 § 10576; 1909 § 10389

When any instrument of writing conveying or affecting real estate
authorized by law to be recorded shall be filed in the recorder's office
for record, the recorder shall enter the same in the names of the
grantors and grantees in both parts of the abstract and index of deeds,
filling each appropriate column with the several items contained in such
instrument in alphabetical order, in the names of the grantors and
grantees; and if the instrument be made by the sheriff, in the name of
the sheriff, and the defendant in the execution, or of the person whose
land is sold, and of the grantee; and if made by an executor or
administrator, in the name of the executor or administrator, and of the
testator or intestate, and of the grantee; and if by attorney, in the
name of such attorney and of his constituent and of the grantee; and if
by a commissioner, in the name of such commissioner, and of the person
whose land is sold, and of the grantee. (RSMo 1939 § 13168)

Prior revisions: 1929 § 11549; 1919 § 10574; 1909 § 10387

1. As used in this section, unless the context clearly indicates
otherwise, the following terms mean:

(1) "Authorized party", any of the following:

(a) The person who is the subject of the document;

(b) The representative of a person who is the subject of the document or
the agent of a person who is the subject of the document, including but
not limited to, relatives, attorneys, attorneys in fact, conservators,
guardians, and funeral directors; and who has authorization in writing
from the person who is the subject of the document, the spouse of the
person who is the subject of the document, a relative who is the next of
kin of the person who is the subject of the document, a court, in order
to represent the person who is the subject of the document or the
executor of the person who was the subject of the document who is acting
on behalf of the deceased subject of the document;

(c) Government agencies, including courts, that have an interest in
assisting the subject of the document or in assisting the beneficiaries
of the deceased subject of the document in obtaining a benefit;

(2) "Military discharge document", a discharge, separation notice,
certificate of service, report of transfer or discharge, or any other
notice or document which is evidence of severance or transfer from
military service and which contains a service record from the armed
forces of the United States, or any document that purports to represent a
notice of separation from or service in any armed forces of the United
States or any state, including but not limited to the Department of
Defense form DD 214;

(3) "Recorder of deeds", the recorder of deeds in those counties where
separate and the circuit clerk and ex officio recorder of deeds in those
counties where the offices are combined.

2. Military discharge documents shall be accepted for filing by the
recorder of deeds in all counties and the city of St. Louis in this state
without any fee or compensation therefor.

3. The recorder of deeds may refuse to accept any military discharge
document that:

(1) Is not an original or does not contain an original signature of an
officer of the armed forces of the United States or a federal or state
agency;

(2) Is not a certified copy from an agency of the federal or state
government; or

(3) Appears to have alterations or erasures.

4. On or after August 28, 2004, the recorder of deeds shall:

(1) Maintain and make available to the public in its office an index
containing only the name of the subject of a military discharge document;

(2) Maintain a separate index from publicly available information that
contains only:

(a) The name of the subject of a military discharge document; and

(b) The location of the image of the military discharge document;

(3) Maintain the images of all military discharge documents separately
from all other publicly available filed or recorded document images.

5. As part of any remote access system, the recorder of deeds shall not
make available the location of the image or the image of the military
discharge document.

6. Images of a military discharge document or copies thereof shall only
be made available to an authorized party by submitting a notarized
request form to the recorder of deeds. The recorder of deeds shall not
receive a fee or compensation for a certified or uncertified copy of the
military discharge document and shall not charge a notary fee for
notarizing such request form.

7. All images of military discharge records older than seventy-five years
are deemed principally of historical or genealogical interest, and shall
be open records.

8. Prior to August 28, 2004, the Recorders Association of Missouri shall
adopt a request form and any rules necessary to implement the provisions
of this section. The recorder of deeds in all counties and the city of
St. Louis shall use and furnish the forms adopted by the Recorders
Association of Missouri and comply with the rules adopted by the
Recorders Association of Missouri.

9. A request form that contains more than one military discharge document
shall not be accepted by the recorder of deeds.

10. The recorder of deeds shall keep all completed request forms for a
period of at least five years and such forms shall be made available only
to an authorized party in accordance with the provisions of this section.

11. In the event that military discharge documents, prior to August 28,
2004, have been commingled, and to the extent possible, a recorder of
deeds may choose to enact the provisions of this section regarding the
indexes and images.

12. On or after August 28, 2004, military discharge documents kept
pursuant to this section shall not be reproduced or used in whole or in
part for any commercial or speculative purposes.

13. Any individual, agency, or court which obtains information pursuant
to this section shall not disseminate or disclose such information or any
part thereof except as authorized in this section or otherwise by law.

14. The recorder of deeds shall not be liable for any damages that may
result from good faith compliance with the provisions of this section.
(L. 1943 p. 643 § 15077A, A.L. 1973 H.B. 772, A.L. 2003 S.B. 61 merged
with S.B. 325, A.L. 2004 H.B. 1634)

Whenever any deed or other instrument of writing, conveying or
affecting real estate situate in two or more counties in this state, has
been or shall be duly recorded in any one of said counties, or where any
new county heretofore has been or may hereafter be erected and organized,
and such real estate or any part thereof shall be situate within such
newly organized county, and the deed or other instrument of writing
conveying or affecting such real estate has been or may be duly recorded
in the county or counties from which such newly organized county has been
or shall be taken, any person interested therein may procure from the
recorder of deeds of such county a duly certified copy of such record,
with his seal of office thereto affixed, and cause such certified copy,
together with the certificate thereof, to be recorded in any other county
where such real estate may be situated, in the same manner as the
original instrument is or may be by law required to be recorded. (RSMo
1939 § 13175)

Prior revisions: 1929 § 11556; 1919 § 10579; 1909 § 10392

The record of such copy and certificate shall, after the same has
been duly made, thereafter impart notice to all persons of the contents
of such record and of the original instrument from which such record has
been made, and all subsequent purchasers and mortgagees shall be deemed
to purchase with notice thereof; but this section shall not be so
construed as to affect or impair in any wise the notice which the
original record of such deed or other instrument of writing may have
imparted or may hereafter impart of the contents of such original record.
(RSMo 1939 § 13176)

Prior revisions: 1929 § 11557; 1919 § 10580; 1909 § 10393

After such certified copy of such record, together with the
certificate thereof, shall have been duly recorded as aforesaid, copies
thereof, duly certified by the recorder of the proper county, with his
seal of office thereto affixed, shall be received in evidence in the same
manner and shall have the same force and effect as by law is or may be
given to copies of the record of other deeds and instruments of writing
affecting real estate which have been or may be hereafter duly recorded
in the county in which such real estate is situated. (RSMo 1939 § 13177)

Prior revisions: 1929 § 11558; 1919 § 10581; 1909 § 10394

It shall be the duty of the register of the United States land
office of the state of Missouri, and he is hereby required, immediately
after this section shall take effect, to forward by some convenient and
safe means to the recorder of deeds in the various counties, and in the
city of St. Louis, Missouri, all government land patents now on file or
which may hereafter be filed in said office, affecting the title to any
real estate in said counties or city, noting on the records of said
office the disposition of such patents and the date when the same was
forwarded. (RSMo 1939 § 13173)

Prior revision: 1929 § 11554

It shall be the duty of the various recorders of this state to
receive and receipt for such patents as may be forwarded to them by the
register of the United States land office, and to list and preserve the
same in their office until such time as they may be withdrawn on
application of the owner of the property described in such patent;
provided, that nothing in sections 59.540 and 59.550 shall prevent any
person from having any patent withdrawn and recorded in such office upon
payment to the recorder of the necessary recording fee. (RSMo 1939 §
13174)

Prior revision: 1929 § 11555

When the county commission of any county in this state shall
consider it necessary to provide a new abstract and index of deeds for
the recorder's office of such county, in conformity to the provisions of
this chapter, such commission may, by an order duly entered of record,
direct the same to be done by the recorder or some other competent
person, and when any such abstract and index shall become so worn and
defaced as to be illegible, such commission shall, by order as aforesaid,
direct the recorder or some other competent person to copy the same in a
suitable book; the person making the new abstract and index shall be
entitled to a fee of eight cents for each instrument entered in both
parts of such abstract and index, and the person copying such abstract
and index shall be allowed a fee of ten cents for every hundred words and
figures, all of said fees to be paid out of the county treasury. (RSMo
1939 § 13182)

Prior revisions: 1929 § 11563; 1919 § 10586; 1909 § 10399

The recorder of deeds in any municipality or county of this state
may establish an electronic format for the recording or filing of
documents which such recorder has a constitutional or statutory duty to
maintain. Such documents may be recorded, filed, transmitted, stored and
maintained in an electronic format as prescribed by the recorder of deeds
of any municipality or county. No document presented pursuant to this
section shall be required to be submitted in duplicate. Nothing in this
section shall require any recorder of deeds to establish, accept or
transmit any document in an electronic format. (L. 1999 H.B. 795 § 1)

1. Any statutory requirement that a document be signed by any
person shall be satisfied by an electronically transmitted signature that
is:

(1) Unique to the person signing;

(2) Capable of verification;

(3) Under the sole control of the person signing;

(4) Linked to the document in such a manner that if data is changed, the
signature is invalidated; and

(5) Intended by the person signing to have the same force and effect as a
manual signature;

provided that, the recorder of deeds has a security procedure in place so
that the electronically transmitted signature is verified to detect
forgeries and errors in transmissions, and a procedure to ensure that
such signature was intended to be placed on such document by the
authorized signer. A security procedure may require the use of algorithms
or other codes, identifying words or numbers, encryption, call back
procedures, or similar security devices. Comparison of a signature on a
document with an authorized specimen signature shall not by itself be
security procedure.

2. The execution of any document with a properly authenticated digital
signature and acknowledgment pursuant to this section constitutes an
affirmation, under penalty of perjury, that the facts stated in such
document are true and that such person or persons are duly authorized to
execute such document. (L. 1999 H.B. 795 § 2)

The recorder of deeds in any municipality or county may establish
a new revenue collection procedure of prepaid accounts for the payment of
required recording or filing fees, including but not limited to the
acceptance of credit or debit cards for such purpose. No person
establishing an account pursuant to this section shall be entitled to
payment of any interest on such account. Funds in prepayment accounts
shall be refundable upon written order of the authorized party designated
to transfer moneys from such account. (L. 1999 H.B. 795 § 3)

When the county commission of any county in this state shall deem
it necessary, it shall have power to order any of the books or records in
or belonging to the office of recorder of deeds of such county to be
rebound, and to allow a reasonable compensation therefor, to be paid out
of the county treasury. (RSMo 1939 § 3635)

Prior revisions: 1929 § 3245; 1919 § 10607; 1909 § 10418

When any of the books or records in or belonging to the office of
recorder of deeds in any county are obliterated, torn, or in a ruinous
condition, or when the writing in any such book or record is from any
cause becoming so obscured, defaced or faded as to endanger its
legibility, the county commission of any such county shall, by its proper
order duly entered of record, direct the recorder of deeds to transcribe
any such book or record in a new and suitable book, or in new and
suitable books, to be provided by the county commission. (RSMo 1939 §
3636)

Prior revisions: 1929 § 3246; 1919 § 10608; 1909 § 10419

Such new book or books shall be designated by the same letter or
letters or the same figure or figures as that from which the transcript
is to be made; and the recorder shall, at the end of every such new book
containing such transcript, certify, under his hand and seal of office,
that the same has been truly copied from the book or record of the
corresponding letter or letters or figure or figures of his office, after
which any book or record containing any such transcript, or copy
therefrom duly certified, shall be entitled to the same faith and credit
to which the book or record transcribed was entitled. (RSMo 1939 § 3637)

Prior revisions: 1929 § 3247; 1919 § 10609; 1909 § 10420

It shall be the duty of the recorder of deeds in each county of
the second class and the recorder of deeds in each county of the third
class wherein the office is separate from the office of circuit clerk to
furnish the assessor, on or before the fifteenth day of each month, a
list of all real estate mortgages or deeds of trust recorded during the
preceding month. The list shall contain the name of the grantor, a brief
description of the real estate and the amount of the mortgage or deed of
trust. (L. 1975 S.B. 70 § 1)

In all counties of this state in which the records of deeds have
been or shall hereafter be destroyed by fire or otherwise, it shall be
lawful for the recorder of deeds to employ a suitable person to rerecord
all conveyances that have been recorded, together with the certificate of
record thereof. (RSMo 1939 § 3646)

Prior revisions: 1929 § 3256; 1919 § 10618; 1909 § 10429

CROSS REFERENCE: Rerecording destroyed marriage records, RSMo 451.210

Such conveyances as have been spread of record, together with the
certificate of record thereof, shall be rerecorded free of charge to the
holders thereof, provided the same be offered for record within five
years after the destruction of the record. (RSMo 1939 § 3647)

Prior revisions: 1929 § 3257; 1919 § 10619; 1909 § 10430

The person employed as provided by section 59.610 shall receive
such compensation as the county commission shall deem reasonable, not to
exceed eight hundred dollars per annum, to be paid out of the county
treasury, so long as his services may be required. (RSMo 1939 § 3648)

Prior revisions: 1929 § 3258; 1919 § 10620; 1909 § 10431

The record of such rerecorded conveyances shall impart notice to
the same extent and shall be admissible in evidence with like effect as
the original record. (RSMo 1939 § 3649)

Prior revisions: 1929 § 3259; 1919 § 10621; 1909 § 10432

If any recorder to whom any deed or other writing, proved or
acknowledged according to law, is delivered for record

(1) Neglects or refuses to make an entry thereof as required by section
59.470, or

(2) Neglects or refuses to record the deed or other writing within a
reasonable time after receiving the same, or

(3) Records any deed or other instrument in writing before another first
brought into his office and entitled to be recorded, or

(4) Records any deed or other instrument of writing untimely or in any
manner other than as herein directed, or

(5) Neglects or refuses to provide and keep in his office such an index
as required by this chapter,

he shall pay to the party aggrieved double the damages which may be
occasioned thereby, to be recovered by civil action on the official bond
of the recorder. (RSMo 1939 § 13183, A.L. 1957 p. 322)

Prior revisions: 1929 § 11564; 1919 § 10587; 1909 § 10400

If any recorder shall willfully neglect or refuse to perform any
of the duties required of him by this chapter, or shall willfully perform
them in any other manner than is required by law, he shall be deemed
guilty of a misdemeanor in office, and proceeded against accordingly; and
shall, moreover, forfeit and pay to the use of the county a sum not
exceeding three hundred dollars, to be recovered by civil action. (RSMo
1939 § 13184)

Prior revisions: 1929 § 11565; 1919 § 10588; 1909 § 10401

The state of Missouri hereby waives all rights to its possibility
of reverter in the real property particularly described in the quitclaim
deed in book 279 at pages 76-77 of the office of the recorder of deeds of
Scott County. (L. 2001 S.B. 86 § 1)

1. Beginning on July 1, 2001, notwithstanding any other condition
precedent required by law to the recording of any instrument specified in
subdivisions (1) and (2) of section 59.330, an additional fee of five
dollars shall be charged and collected by every recorder of deeds in this
state on each instrument recorded. The additional fee shall be
distributed as follows:

(1) One dollar and twenty-five cents to the recorder's fund established
pursuant to subsection 1 of section 59.319, provided, however, that all
funds received pursuant to this section shall be used exclusively for the
purchase, installation, upgrade and maintenance of modern technology
necessary to operate the recorder's office in an efficient manner;

(2) One dollar and seventy-five cents to the county general revenue fund;
and

(3) Two dollars to the fund established in subsection 2 of this section.

2. There is hereby established a revolving fund known as the "Statutory
County Recorder's Fund", which shall receive funds paid to the recorders
of deeds of the counties of this state pursuant to subdivision (3) of
subsection 1 of this section. The director of the department of revenue
shall be custodian of the fund and shall make disbursements from the fund
for the purpose of subsidizing the fees collected by counties that
hereafter elect or have heretofore elected to separate the offices of
clerk of the circuit court and recorder. The subsidy shall consist of the
total amount of moneys collected pursuant to subdivisions (1) and (2) of
subsection 1 of this section subtracted from fifty-five thousand dollars.
The moneys paid to qualifying counties pursuant to this subsection shall
be deposited in the county general revenue fund. For purposes of this
section a "qualified county" is a county that hereafter elects or has
heretofore elected to separate the offices of clerk of the circuit court
and recorder and in which the office of the recorder of deeds collects
less than fifty-five thousand dollars in fees pursuant to subdivisions
(1) and (2) of subsection 1 of this section, on an annual basis. Moneys
in the statutory county recorder's fund shall not be considered state
funds and shall be deemed nonstate funds. (L. 2001 S.B. 288, A.L. 2002
H.B. 1776 merged with S.B. 1078)

Usa-missouri Law Firm / Lawyers Services Provided in Usa-missouri :

Usa-missouri Divorce Laws, custody, Usa-missouri Corporate Lawyers, Agreement, provident fund, Registered marriage, Court marriage Lawyers, Special/ Foreign marriage, Incorporation of company, Rent, eviction, tenancy, Lease Lawyers, Usa-missouri Labour laws, Appeals, Supreme Court Lawyers, High Court Lawyers, Bail, medical, negligence, Insurance claims/ accidents Lawyer, Usa-missouri Citizenship/ immigration Lawyers, Copyright Laws, Consumer, district Lawyer, State, national, Dowry, Wills & Probate, Trust & Estates Lawyers, Intellectual Property Lawyer, Bankrupt Lawyers, Banking & Finance, Corporate, Private Business Law, Recovery, Joint Venture & Mergers, Consumer, Civil Right Law Usa-missouri, Medical Negligence, Medical Malpractice, legal notice, summons, Income Tax Lawyers, sales, Custom Law, Excise Law, octroi, cess Civil, Criminal Solicitor Usa-missouri, Registration of property, Title search, mutation relationship, Conveyance, Transfer of Property Law, Usa-missouri Property lawyer, deeds, drafts, power of attorney, Recovery, Taxation Laws in Usa-missouri

LEGAL SERVICES

Add Lawyer
Legal Enquiry
Find a Lawyer
Bare Acts / India Codes
Statutes / Code

LAWYER BY LOCATION

India Lawyer
United State Lawyer
UAE Lawyer
Canada Lawyer
Find More...

LAW PRACTICE AREA

Business Law
Employment & Labor Law
Govt. Agencis & Taxtion
Family Law
Real Estate Property Law
Immigration Law

ABOUT HELPLINELAW

About Us
Contact Us
Services
Site Map
Recommend to Friends

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.