The Following Documents Do Not Require A Legal
Description For Recording.
Death Certificates, Power of Attorneys, Wills, DD214,
Certificates, and Miscellaneous Documents.
The following is a list of
specific documents and their requirements for recording.
Deeds
Are Documents Showing A Transfer Of Property From One Party To Another. The deed must contain the title and date of
the document on the first page. (RSMo 59.310) The document must have the grantor(s)
and grantee(s) listed and designated on the first page. (RSMo 59.310) For suggestions on grantor/grantee
designations, visit the Missouri Bar Association’s website at http://www.mobar.org/member/grantor.htm. A deed transferring property to another
party must have the grantee’s mailing address designated on the first page, as
required by law (RSMo 59.330 & 59.310).
A deed must have the legal description on the first page, as required by
law (RSMo 59.330 & 59.310). A deed
must contain the grantor’s signature.
If a corporation is signing as the grantor, the corporate seal must be
on the document if required by the corporate bylaws. If the notary clause states that the corporate seal is affixed to
the document, it must also be included on the deed. The parties signing must have a notary acknowledgement clause on
the deed, as required by law (RSMo 486.330 and RSMo 59.330). A notary must sign acknowledging the
signatures, as required by law (RSMo 486.275).
A notary seal, either a stamped or an impressed seal must be on the
deed. If the notary is commissioned in
the State of Missouri, the seal must be in black ink, must be at least 8 point
type, and must contain the words notary public, notary seal, State of Missouri,
and the notary’s name, as required by law (RSMo 486.275). The notary expiration
date must be a valid date at the time the deed is signed, as required by law
(RSMo 486.285). Any signature on the
deed must be typed or printed below the signature, as required by law (RSMo
59.310). Any signature on the deed
must be original, or a certified copy is required. At this time, a recorded page size in the State of Missouri is
defined as 8 ˝ x 11 (RSMo 59.005). A
deed must be legible for recording and reproduction and must contain at least
8-point type, as required by law (RSMo 59.310). When the document is recorded, a recording certificate is placed
in the top three inches of the first page.
If there is not a three inch top margin for the recording certificate on
the first page, or the document does not meet all of the standardization
requirements as outlined in this website, the Recorder will add a certificate
page. When a document does not meet
standardization requirements it will become non-standard and a $25.00
non-standard penalty will be charged, in addition to the normal recording fees.
(RSMo 59.310)
Deeds of
trust are documents showing an owner of property borrowing money using their
real estate as collateral. The deed of
trust must contain the title and date of the document on the first page. (RSMo
59.310) The document must have the
grantor(s) and grantee(s) listed and designated on the first page. (RSMo
59.310) For suggestions on
grantor/grantee designations, visit the Missouri Bar Association’s website at http://www.mobar.org/member/grantor.htm. The deed of trust must have the
grantee’s mailing address designated on the first page, as required by law
(RSMo 59.330 & 59.310). The amount borrowed is normally listed on the deed
of trust as well. A deed of trust must
have the legal description on the first page, as required by law (RSMo 59.330
& 59.310). A deed of trust must
contain the grantor’s signature. If a corporation is signing as the grantor,
the corporate seal must be on the document if required by the corporate
bylaws. If the notary clause states
that the corporate seal is affixed to the document, it must also be included on
the deed of trust. The parties signing
must have a notary acknowledgement clause on the deed of trust, as required by
law (RSMo 486.330 and RSMo 59.330). A
notary must sign acknowledging the signatures, as required by law (RSMo
486.275). A notary seal, either a
stamped or an impressed seal must be on the deed of trust. If the notary is commissioned in the State
of Missouri, the seal must be in black ink, must be at least 8 point type, and
must contain the words notary public, notary seal, State of Missouri, and the
notary’s name, as required by law (RSMo 486.275).). The notary expiration date
must be a valid date at the time the deed of trust is signed, as required by
law (RSMo 486.285). Any signature on
the deed of trust must be typed or printed below the signature, as required by
law (RSMo 59.310). Any signature on
the deed of trust must be original, or a certified copy is required. At this time, a recorded page size in the
State of Missouri is defined as 8 ˝ x 11 (RSMo 59.005). A deed of trust must be legible for
recording and reproduction and must contain at least 8-point type, as required
by law (RSMo 59.310). When the document is recorded, a recording certificate is
placed in the top three inches of the first page. If there is not a three inch top margin for the recording
certificate on the first page, or the document does not meet all of the
standardization requirements as outlined in this website, the Recorder will add
a certificate page. When a document
does not meet standardization requirements it will become non-standard and a
$25.00 non-standard penalty will be charged, in addition to the normal
recording fees. (RSMo 59.310)
Release Deeds
Release
Deeds are documents showing a partial or a full payment of a deed of
trust. If the original deed of trust
was recorded prior to January 1, 1986, the original identified note must be
presented with the release, as required by law (RSMo 443.060). If the original identified note has been
lost or destroyed, an affidavit of lost note signed by the maker and
beneficiary must be presented with the release, as required by law (RSMo
443.060). The release must contain the
title and date of the document on the first page (RSMo 59.310). The document must have the grantor(s) and
grantee(s) listed and designated on the first page. (RSMo 59.310) For suggestions on grantor/grantee
designations, visit the Missouri Bar Association’s website at http://www.mobar.org/member/grantor.htm. The original deed of trust book and page
must be listed on the first page (RSMo 59.310). The original date of the deed
of trust must be listed on the release.
A release must have the legal description on the first page, as required
by law (RSMo 59.330 & 59.310). A
release must contain the grantor’s signature. If a corporation is signing as
the grantor, the corporate seal must be on the document if required by the
corporate bylaws. If the notary clause
states that the corporate seal is affixed to the document, it must also be
included on the release. The parties
signing must have a notary acknowledgement clause on the release, as required
by law (RSMo 486.330 and RSMo 59.330).
A notary must sign acknowledging the signatures, as required by law
(RSMo 486.275). A notary seal, either a
stamped or an impressed seal must be on the release. If the notary is commissioned in the State of Missouri, the seal
must be in black ink, must be at least 8 point type, and must contain the words
notary public, notary seal, State of Missouri, and the notary’s name, as
required by law (RSMo 486.275).). The notary expiration date must be a valid
date at the time the release is signed, as required by law (RSMo 486.285). Any signature on the release must be typed
or printed below the signature, as required by law (RSMo 59.310). Any signature on the release must be
original, or a certified copy is required.
At this time, a recorded page size in the State of Missouri is defined
as 8 ˝ x 11 (RSMo 59.005). A release
must be legible for recording and reproduction and must contain at least
8-point type, as required by law (RSMo 59.310). When the document is recorded, a
recording certificate is placed in the top three inches of the first page. If there is not a three inch top margin for
the recording certificate on the first page, or the document does not meet all
of the standardization requirements as outlined in this website, the Recorder
will add a certificate page. When a
document does not meet standardization requirements it will become non-standard
and a $25.00 non-standard penalty will be charged, in addition to the normal
recording fees. (RSMo 59.310)
Assignment of Deed Of Trust
This
document shows a lender assigning or selling their interest in a deed of trust
to another party. The assignment must
contain the title and date of the document on the first page (RSMo 59.310). The
document must have the grantor(s) listed on the first page (RSMo 59.310). The
document must have the grantor(s) and grantee(s) listed and designated on the
first page. (RSMo 59.310) For suggestions
on grantor/grantee designations, visit the Missouri Bar Association’s website
at http://www.mobar.org/member/grantor.htm. The grantees must be designated on the first
page (RSMo 59.310). An assignment of
deed of trust must have the grantee’s mailing address designated on the first
page, as required by law (RSMo 59.330 & 59.310). The book and page of the deed of trust being assigned should
also be listed on the assignment. The
assignment must have the legal description on the first page, as required by
law (RSMo 59.330 & 59.310). If a corporation is signing as the grantor, the
corporate seal must be on the document if required by the corporate
bylaws. If the notary clause states
that the corporate seal is affixed to the document, it must also be included on
the assignment. The parties signing
must have a notary acknowledgement clause on the assignment, as required by law
(RSMo 486.330 and RSMo 59.330). A
notary must sign acknowledging the signatures, as required by law (RSMo
486.275). A notary seal, either a
stamped or an impressed seal must be on the assignment If the notary is
commissioned in the State of Missouri, the seal must be in black ink, must be
at least 8 point type, and must contain the words notary public, notary seal,
State of Missouri, and the notary’s name, as required by law (RSMo 486.275).).
The notary expiration date must be a valid date at the time the assignment is
signed, as required by law (RSMo 486.285).
Any signature on the assignment must be typed or printed below the
signature, as required by law (RSMo 59.310).
Any signature on the assignment must be original, or a certified copy is
required. At this time, a recorded page
size in the State of Missouri is defined as 8 ˝ x 11 (RSMo 59.005). An assignment must be legible for recording
and reproduction and must contain at least 8-point type, as required by law
(RSMo 59.310). When
the document is recorded, a recording certificate is placed in the top three
inches of the first page. If there is
not a three inch top margin for the recording certificate on the first page, or
the document does not meet all of the standardization requirements as outlined
in this website, the Recorder will add a certificate page. When a document does not meet
standardization requirements it will become non-standard and a $25.00
non-standard penalty will be charged, in addition to the normal recording fees.
(RSMo 59.310)
Trustee’s Deed Under Foreclosure
This
document shows that the original deed of trust is being foreclosed on for
default of payment. The trustee’s deed
under foreclosure must contain the title and date of the document on the first
page (RSMo 59.310). If the original deed of trust was recorded prior to January
1, 1986, the original identified note must be presented along with the
trustee’s deed under foreclosure, as required by law (RSMo 443.390). The document must have the grantor(s) and
grantee(s) listed and designated on the first page. (RSMo 59.310) For suggestions on grantor/grantee
designations, visit the Missouri Bar Association’s website at http://www.mobar.org/member/grantor.htm
A trustee’s deed under foreclosure must have the grantee’s mailing address
designated on the first page, as required by law (RSMo 59.330 & 59.310).
The trustee’s deed under foreclosure must contain the original deed of trust
book and page being foreclosed on the first page (RSMo 59.310) A trustee’s deed
under foreclosure must have the legal description on the first page, as
required by law (RSMo 59.330 & 59.310).
The trustee must sign the document. The trustee’s signature must have a
notary acknowledgement clause on the trustee’s deed under foreclosure, as
required by law (RSMo 486.330 and RSMo 59.330). A notary must sign acknowledging the signatures, as required by
law (RSMo 486.275). A notary seal,
either a stamped or an impressed seal must be on the trustee’s deed under
foreclosure. If the notary is
commissioned in the State of Missouri, the seal must be in black ink, must be
at least 8 point type, and must contain the words notary public, notary seal,
State of Missouri, and the notary’s name, as required by law (RSMo 486.275).
The notary expiration date must be a valid date at the time the trustee’s deed
under foreclosure is signed, as required by law (RSMo 486.285). Any signature on the trustee’s deed under
foreclosure must be typed or printed below the signature, as required by law
(RSMo 59.310). Any signature on the
trustee’s deed under foreclosure must be original, or a certified copy is required. At this time, a recorded page size in the
State of Missouri is defined as 8 ˝ x 11 (RSMo 59.005). A trustee’s deed under foreclosure must be
legible for recording and reproduction and must contain at least 8-point type,
as required by law (RSMo 59.310). When
the document is recorded, a recording certificate is placed in the top three
inches of the first page. If there is
not a three inch top margin for the recording certificate on the first page, or
the document does not meet all of the standardization requirements as outlined
in this website, the Recorder will add a certificate page. When a document does not meet
standardization requirements it will become non-standard and a $25.00
non-standard penalty will be charged, in addition to the normal recording fees.
(RSMo 59.310).
Any
document that does not fit into the above listed categories of documents is
considered a miscellaneous document. The document must contain the title and
date of the document on the first page (RSMo 59.310). The document must have the grantor(s) and grantee(s) listed and
designated on the first page. (RSMo 59.310)
For suggestions on grantor/grantee designations, visit the Missouri Bar
Association’s website at http://www.mobar.org/member/grantor.htm A legal description may
be included on a miscellaneous document.
There must be parties signing the document. If a corporation is signing
the document, the corporate seal must be on the document if required by the corporate
bylaws. If the notary clause states
that the corporate seal is affixed to the document, it must also be included on
the document. The parties signing must
have a notary acknowledgement clause on the document, as required by law (RSMo
486.330 and RSMo 59.330). A notary must
sign acknowledging the signatures, as required by law (RSMo 486.275). A notary seal, either a stamped or an
impressed seal must be on the document.
If the notary is commissioned in the State of Missouri, the seal must be
in black ink, must be at least 8 point type, and must contain the words notary
public, notary seal, State of Missouri, and the notary’s name, as required by
law (RSMo 486.275). The notary expiration date must be a valid date at the time
the document is signed, as required by law (RSMo 486.285). Any signature on the document must be typed
or printed below the signature, as required by law (RSMo 59.310). Any signature on the document must be
original, or a certified copy is required.
At this time, a recorded page size in the State of Missouri is defined
as 8 ˝ x 11 (RSMo 59.005). A document
must be legible for recording and reproduction and must contain at least
8-point type, as required by law (RSMo 59.310). When the document is recorded, a recording certificate is placed
in the top three inches of the first page.
If there is not a three inch top margin for the recording certificate on
the first page, or the document does not meet all of the standardization
requirements as outlined in this website, the Recorder will add a certificate
page. When a document does not meet
standardization requirements it will become non-standard and a $25.00
non-standard penalty will be charged, in addition to the normal recording fees.
(RSMo 59.310).
There will be no dual filing of a UCC and real estate
filing in the Recorder of Deeds office after July 1, 2001. To file any fixture filing or one that
covers as-extracted collateral or timber in the real estate records under
provisions of Revised Article 9 after July 1, 2001, no signature is
required on a new approved standard form with required addendum attached. To terminate any filing in the real estate
records filed under Former Article 9 or Revised Article 9, under provisions of
Revised Article 9 after July 1, 2001, no signature is required on a new
approved standard form with required addendum attached. If any form is prepared and presented other
than the state approved form, all statutory recording requirements of law will
apply. Statutory recordings fee will
apply to all real estate related filings.
Overpayment of UCC filings in the Real Estate records will not be
refunded. Forms and instructions may be found at the
Secretary of State’s website: http://sos.mo.gov