Keith Mack
In Missouri, the concept of title is integral to establishing ownership of property, whether it be real estate or a motor vehicle. Missouri Revised Statutes Chapter 442 outlines various provisions related to titles and the conveyance of real estate, addressing topics such as restrictive covenants, discrimination, political signs, and the rights of minors and disabled persons. On the other hand, obtaining a Missouri title for a motor vehicle involves submitting specific documentation, including certificates of title, proof of ownership, and addressing any liens on the vehicle. The state also offers a bonded title option for certain vehicles, providing a legal pathway to establish ownership. Understanding the intricacies of title creation and transfer is essential for individuals seeking to establish or protect their ownership rights in Missouri.
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What You'll Learn
Missouri Revised Statutes Chapter 442 (2024)
Section 442.010 to 442.090
This section covers various aspects of conveyance, including definitions, solar energy as a property right, private landowner protection, conveyance of manufactured homes, and conveyance of lands. It also addresses the conveyance of property by minors, including those under 18 years of age joining in conveyance with an adult spouse and conveyances by minor veterans.
Section 442.210 to 442.320
This section pertains to the acknowledgment and recording of conveyances. It includes provisions for the certificate of acknowledgment, conveyances of bounty lands, validity of instruments, and the process of recording deeds when the original record is lost or destroyed.
Section 442.403 to 442.450
This part of the chapter addresses restrictive covenants, political signs, and the recording of deeds. It also covers the interpretation of terms like "grant, bargain, and sell," and the acquisition of titles by grantors.
Section 442.510 to 442.566
Here, the focus is on future estates, life estates, and the rule against perpetuities. It also includes provisions for aliens and foreign corporations acquiring real estate, along with relevant definitions.
Section 442.600
This section defines "psychologically impacted real property" and states that disclosure of this information to a buyer is not mandatory, with no cause for legal action if it is not disclosed.
Section 442.606
This final section of the chapter addresses methamphetamine production, requiring sellers to disclose such production and certain criminal convictions to buyers.
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Title defects
In Missouri, a title defect, often referred to as a "cloud on title", is a blemish in the title history that results in the current owner having less than perfect legal ownership of a vehicle or property. This could be due to the title being invalid, unavailable, or unable to be transferred.
To resolve title defects, individuals can purchase a Missouri bonded title, which is a vehicle title backed by a surety bond. The cost of a Missouri title bond starts at $100, with a premium rate of $10 per $1,000 in coverage. The bond amount must be twice the vehicle's appraised value, which can be determined using Kelley Blue Book or by calculating the average of two appraisals from licensed Missouri motor vehicle dealers.
For real estate title defects, individuals can file a quiet title lawsuit, also called an action to quiet title or quiet title action, to clear title issues, fix defects, or confirm ownership. This process can be complicated and stressful, so it is recommended to consult a lawyer. The lawsuit involves filing a petition with the circuit court of the county where the property is located, and all known claimholders must be named as defendants. A lis pendens notice must also be filed with the recorder of deeds, who will forward a notice of publication to a local newspaper. The length of the quiet title proceeding depends on whether the matter is contested, with uncontested matters lasting a few months and contested cases often lasting over a year.
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Title insurance protection
The owner's title policy is not mandatory but is highly recommended to secure your property. It protects you from any financial losses or ownership issues that could arise in the future. It covers unknown title defects, including debt owed for previous work on the home, illegal deeds made with misinformation, and unknown easements that give third parties ownership of a portion of the land. It also protects against unrecorded liens (estate tax liens), building permit violations, and post-policy forgery.
The lender's title policy is mandatory and its period is equal to the loan term. It protects the mortgage lender's investment from any property-related issues like undisclosed heirs, forgery, and liens. The policy cost depends on the loan issued.
To obtain title insurance in Missouri, you can hire a title insurance company to search public records for problems in your property's chain of title. They will help you through the closing process and ensure your protection.
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Title bonding process
In Missouri, a "title" is the foundation of ownership of property. It means that you have a legal right to possess that property and to use it within the restrictions imposed by authorities. Title insurance is available in Missouri, and it is advisable to insist on title coverage at the initial stages of the transaction.
The Missouri Department of Revenue – Motor Vehicle Bureau regulates the lost vehicle title bonding process. A Missouri bonded title is a vehicle title backed by a surety bond. It proves you are the legal owner of a vehicle when the original title is invalid, unavailable, or cannot be transferred. To obtain a Missouri title and registration (license plates) on a motor vehicle, you must submit the following:
- The Certificate of Title, properly signed over to you
- A Manufacturer's Statement of Origin (MSO) or proof of ownership in accordance with the laws of the other state or country
- If there is a lien on the vehicle, you should obtain the title from the lienholder to submit with your application. The lien will remain in force, and when the Missouri title is issued, the lien will appear on the face of the title
- A signed Application for Missouri Title and License (Form 108)
- A current insurance identification card (original, copy, or electronic if legible) or other proof of financial responsibility
To be eligible for a bonded title, you must be a permanent resident of Missouri, the vehicle must be located in the state, and the vehicle must have no title application record. State law requires vehicles to be at least 7 years old and not be valued at more than $3,000 to qualify for a bonded title. The certificate of title bond amount must be twice the appraisal value of your vehicle.
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Title holding state
Missouri is a title-holding state, which means that the vehicle owner holds the title, with their lienholder listed. In Missouri, a "title" is the foundation of ownership of property. It means that the owner has a legal right to possess and use that property within the restrictions imposed by the authorities or limitations on its use, which are superimposed on the basic right to possession by previous owners.
Missouri Revised Statutes Chapter 442 (2024) covers Titles and Conveyance of Real Estate. This includes the conveyance of property between spouses, by minors or disabled persons, and by private or public corporations.
To obtain a Missouri title and registration (license plates) for a motor vehicle, an individual must submit the Certificate of Title, properly signed over to them, a Manufacturer's Statement of Origin (MSO), or proof of ownership in accordance with the laws of the other state or country. If there is a lien on the vehicle, the individual must obtain the title from the lienholder to submit with their application. The lien will remain in force, and when the Missouri title is issued, the lien will appear on the face of the title.
Missouri also offers bonded titles, which are vehicle titles backed by a surety bond. This is used when the original title is invalid, unavailable, or cannot be transferred. The cost of a Missouri title bond starts at $100, with a premium rate of $10 per $1,000 in coverage.
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Frequently asked questions
"Title" is the foundation of ownership of property. It means that you have a legal right to possess that property and to use it within the restrictions imposed by authorities or limitations on its use, superimposed on the basic right to possession by previous owners.
A Missouri title bond creates a legal contract between three parties. It proves that you are the legal owner of a vehicle when the original title is invalid, unavailable, or cannot be transferred.
A title defect is anything in the history of ownership of a piece of real estate that may encumber the owner's right to the "peaceful enjoyment" of the property or cause the owner to lose any portion of the property.
