§ 443.005 Security instrument defined
§ 443.010 Mortgage, assumption of upon purchase not construed to extend mortgage to ..
§ 443.020 Claim of such extension barred, when
§ 443.030 Prior acknowledgment of deed of trust deemed valid
§ 443.035 Recording of instrument required — failure to record, effect on persons ..
§ 443.055 Future advances may be secured, how — definitions — requirements — ..
§ 443.060 Acknowledgment of satisfaction and release, how made
§ 443.070 Affidavit required with deed of release, when — penalty for failure
§ 443.080 Satisfaction of mortgage, deed of trust or security instrument of railroad ..
§ 443.090 Part of property may be released, how
§ 443.100 Payment of one or more notes, how cancelled — memorandum on record — ..
§ 443.110 Partial release of certain mortgages, deeds of trust or security ..
§ 443.120 Penalty for making false affidavit
§ 443.130 Liability for failing to satisfy — demand by certified mail required
§ 443.140 Attorney in fact may enter satisfaction
§ 443.150 Acknowledgment and satisfaction — how made by a corporation
§ 443.160 Personal representative may satisfy and deliver deed or release
§ 443.170 Penalty for failing to acknowledge satisfaction and deliver deed of release
§ 443.180 Sections 443.160 and 443.170 construed
§ 443.185 Releases of mortgages or deeds of trust defective — deemed valid, when
§ 443.190 Petition to foreclose, where filed
§ 443.200 Petition, where filed
§ 443.210 Proceedings to be as in civil actions
§ 443.220 Who may be made parties
§ 443.230 Judgment on constructive notice
§ 443.240 Judgment on personal service
§ 443.250 Proceedings where mortgagee, secured party, mortgagor or debtor dies
§ 443.260 Judgment when personal representative is party defendant
§ 443.270 Execution to be a special fieri facias
§ 443.280 Title which purchaser acquires
§ 443.290 Mortgages and security agreements with power of sale
§ 443.300 Death of debtor, foreclosure stayed
§ 443.310 Sales, where made — number of days’ notice
§ 443.320 Notice, contents — how published
§ 443.325 Individual notice of foreclosure sale — form of request for — recorder’s ..
§ 443.327 Sale by trustee exercising powers under security instrument — times when ..
§ 443.330 Trustee failing to execute trust, parties interested may proceed, how
§ 443.340 Court to appoint sheriff or other suitable person, when — power and duties ..
§ 443.350 Foreign corporation or person not to act as trustee, unless domestic ..
§ 443.355 Continuance of sale by trustee without readvertisement, manner — restrictions
§ 443.360 Compensation of trustees under trust deeds
§ 443.370 Penalty for overcharging
§ 443.380 Recitals in deed prima facie evidence
§ 443.390 Trustee’s deed not to be accepted by recorder in certain cities or counties ..
§ 443.400 Redemption before sale
§ 443.410 Foreclosures by trustee’s sale — how made — redemption
§ 443.415 Mortgage may be insured for certain buyers, amount, requirements
§ 443.420 Notice of redemption — how given, rights
§ 443.430 Motion for approval of bond for redemption — hearing — receiver — ..
§ 443.440 Certificate of sale — upon failure to redeem, deed to be executed
§ 443.451 Mortgage or deed of trust securing payment of bonds issued by interstate ..
§ 443.453 Financial institutions to pay property tax, how
§ 443.454 Enforcement and servicing of real estate loans, federal and state law ..
§ 443.701 Citation of law
§ 443.703 Definitions
§ 443.706 Licensure required, when — effective date — exemptions
§ 443.707 Loan processors and underwriters, license required
§ 443.709 Rulemaking authority — expedited review and licensing procedures permitted, ..
§ 443.711 Application for licensure, form — records and fees — modification of ..
§ 443.713 Findings required for licensure
§ 443.717 Prelicensing education requirements
§ 443.719 Written test required, test measures — minimum competency requirements
§ 443.721 Renewal of licensure, minimum standards
§ 443.723 Continuing education requirements
§ 443.725 Duties of director — rule requirements authorized
§ 443.727 Challenge of information in NMLSR
§ 443.729 Supervision and enforcement — civil penalty
§ 443.731 Surety bond requirements
§ 443.733 Supervisory information sharing — confidentiality requirements
§ 443.735 Investigations and examinations, authority of director
§ 443.737 Violations
§ 443.739 Reports of condition required
§ 443.741 Violations, director required to report
§ 443.743 Nonfederally insured credit unions, registration of employed loan ..
§ 443.745 Unique identifier to be shown on applications, solicitations, or ..
§ 443.747 Severability clause — rulemaking authority
§ 443.805 License required to broker residential mortgage
§ 443.807 Director, power to request injunction, when
§ 443.809 Examination, powers of director to inspect records of licensed persons
§ 443.810 Penalty for violations
§ 443.812 One license issued to each broker — record required of locations where any ..
§ 443.816 Residential mortgage board created — members, appointment, qualification, ..
§ 443.817 Board members to file business transactions with ethics commission — rules ..
§ 443.819 Brokerage business to be operated under actual names of persons or ..
§ 443.821 License to be issued on completion of requirements — notice of denial of ..
§ 443.823 Licenses to be issued in duplicate, effective when
§ 443.825 Application content, oath and form — fingerprinting, when
§ 443.827 Applicant for license must agree to maintain certain requirements as to ..
§ 443.830 License refused — grounds
§ 443.833 Renewal of license, date, procedure, fee — failure to renew, license ..
§ 443.835 Broker ceasing activity and not desiring to be licensed, procedure — ..
§ 443.839 Application by broker to open additional full-service offices, fee — ..
§ 443.841 License to be displayed
§ 443.843 Fees to be established by director — rules authorized for assessment and ..
§ 443.845 Residential mortgage licensing fund created — purpose — fees to be ..
§ 443.849 Bonding requirements
§ 443.855 Advertising of mortgage loans, rulemaking authority
§ 443.857 Licensee shall maintain at least one full-service office with staff, duties ..
§ 443.861 Transfer or sale of residential mortgage, notice to be given to mortgagor, ..
§ 443.863 Unlawful discrimination for refusal to loan or vary terms of the loan
§ 443.865 Escrow accounts, placement by brokers — authority for rules
§ 443.867 Disclosure statement required of brokers, content — fee — compensation
§ 443.869 Powers and duties of director — rulemaking authority
§ 443.871 Director may issue subpoenas and subpoenas duces tecum — authority to ..
§ 443.873 Failure to comply with subpoenas, director may petition circuit court for ..
§ 443.875 Bond may be required, conditioned on compliance with subpoena, when
§ 443.877 Writ of attachment authorized on failure to comply with subpoena
§ 443.879 Reports required, failure to comply, penalty
§ 443.881 Suspension or revocation of license, grounds — procedure, penalties
§ 443.883 Director to maintain a staff capable of investigations — licensees to open ..
§ 443.885 Report to be filed with director annually, contents
§ 443.887 General rulemaking powers of director
§ 443.889 Court action to recover compensation for services, proof that services ..
§ 443.891 Charge in support of removal or prohibition notice issued on certain ..
§ 443.893 Receiver or conservator to be appointed by court, when — attorney general’s ..
§ 443.901 Reverse mortgage act — definitions
§ 443.903 Reverse mortgage regulations
§ 443.906 Reverse mortgage may be made regardless of certain other transactions
§ 443.909 Treatment of payments for certain purposes
§ 443.912 Statement regarding counseling services on reverse mortgages
§ 443.930 Prohibited acts — constitutes mortgage fraud — no private right of action ..
§ 443.1001 Citation of law
§ 443.1003 Definitions
§ 443.1004 Designation of first-time home buyer savings account, use of — qualified ..
§ 443.1005 Use of account moneys — withdrawals, subject to recapture, when, penalties ..
§ 443.1006 Annual reporting, forms — rulemaking authority
§ 443.1007 Financial institutions, actions not responsible or liable for
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Terms Used In Missouri Laws > Chapter 443 - Mortgages, Deeds of Trust and Mortgage Brokers

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Equal Credit Opportunity Act: Prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives income from a public assistance program. Source: OCC
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Grantor: The person who establishes a trust and places property into it.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • hereafter: means the time after the statute containing it takes effect. See Missouri Laws 1.020
  • Heretofore: means any time previous to the day when the statute containing it takes effect. See Missouri Laws 1.020
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Month: means a calendar month, and "year" means a calendar year unless otherwise expressed, and is equivalent to the words year of our Lord. See Missouri Laws 1.020
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • 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.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action and evidences of debt. See Missouri Laws 1.020
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes real and personal property. See Missouri Laws 1.020
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Security instrument: as that term is used in this chapter, shall mean any mortgage, deed of trust or other real property security instrument securing the payment or satisfaction of any debt or other obligation. See Missouri Laws 443.005
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • United States: includes such district and territories. See Missouri Laws 1.020
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Venue: The geographical location in which a case is tried.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.