Missouri Laws 443.451 – Mortgage or deed of trust securing payment of bonds issued by interstate ..
1. Notwithstanding other provisions of law to the contrary, every mortgage or deed of trust or any supplement or amendment thereto, or satisfaction thereof, covering any real or personal property situated in this state, made to secure the payment of bonds issued, or to be issued thereafter, by any corporation which is an interstate gas pipeline company, or by a public utility as defined in section 386.020, shall be executed and duly acknowledged and certified, as other instruments affecting real estate, and may be filed in the office of the secretary of state, who shall certify that the instrument has been filed in his or her office by endorsing upon the instrument the word “filed” and the date and hour of filing. This endorsement is the filing date of the instrument and is conclusive of the date and time of the filing in the absence of actual fraud. In lieu of filing an original of such instrument, a true copy thereof may be filed with an affidavit by the mortgagor or the mortgagee, or an agent of either, that it is a true copy. The secretary of state shall thereupon file and index the endorsed instrument.
2. The filing of such instrument in the office of the secretary of state shall be notice to all persons of the contents thereof and to all subsequent purchasers and encumbrancers, and no other filing or recording of any such instrument shall be necessary.
Terms Used In Missouri Laws 443.451
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Heretofore: means any time previous to the day when the statute containing it takes effect. See Missouri Laws 1.020
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Property: includes real and personal property. See Missouri Laws 1.020
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
3. Such mortgage or deed of trust, and any supplement to or amendment thereof, filed in the office of the secretary of state in accordance with the provisions of this section, shall be a lien on the mortgaged property from the time it is filed.
4. Such mortgage or deed of trust, or any supplement to or amendment thereof, heretofore recorded or filed in the office of the recorder of deeds of any county in this state may be refiled in the office of the secretary of state in the manner provided in this section, and such refiling shall thereafter as to any property not previously released from such mortgage or deed of trust and any supplement to or amendment thereof be of the same effect as if the instrument had been originally filed in the office of the secretary of state.
5. When such mortgage is satisfied, released or cancelled, in whole or in part, and evidence thereof shall be filed in the office of the secretary of state, the secretary of state shall enter the date of such satisfaction, release or cancellation thereof in an appropriate record in his or her office. The secretary of state shall furnish to the person filing such mortgage, supplement or amendment thereto or any evidence of satisfaction, release or cancellation of such mortgage a certificate of the filing.
6. The secretary of state shall charge and collect a fee for each filing or certificate of filing in accordance with the uniform filing fees as provided in section 400.9-403.
7. Instruments recorded or filed prior to August 28, 1993, shall not be affected by this section.