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SECOND REGULAR SESSION
SENATE BILL NO. 1125
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR COLEMAN.
4726S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 59, RSMo, by adding thereto one new section relating to real property fraud
prevention.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 59, RSMo, is amended by adding thereto 1
one new section, to be known as section 59.306, to read as 2
follows:3
59.306. 1. This section shall be known and may be 1
cited as the "Real Property Fraud Prevention Act". 2
2. The recorder of deeds of each county of this state 3
shall provide notice as required under this section to each 4
property owner or owner of record of a parcel of real 5
property, as determined by the most recent real property tax 6
records, that a general warranty deed or quitclaim deed that 7
affects the ownership of such parcel of real property has 8
been submitted for recording. 9
3. The recorder of deeds shall: 10
(1) Delay the recording of a deed described under 11
subsection 2 of this section for at least five working days 12
from the date of such deed's receipt to provide time for the 13
recorder of deeds to notify each property owner or owner of 14
record of such parcel of real property that such deed has 15
been submitted for recording; 16
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(2) Notify each property owner or owner of record of 17
such parcel of real property by telephone, text message, 18
facsimile, or email, if such information is known; and 19
(3) Send such notification by first class mail to the 20
address of record of each property owner or owner of record 21
of such parcel of real property informing such owner that a 22
deed that affects such owner's ownership interest in the 23
real property described by such deed has been submitted for 24
recording. 25
4. (1) If each property owner or owner of record of 26
such parcel of real property provides written confirmation 27
that the deed presented for recording is legitimate, the 28
delay required under subdivision (1) of subsection 3 of this 29
section shall no longer apply and the recorder of deeds may 30
immediately proceed with the recording of the deed. 31
(2) If, prior to the expiration of the delay required 32
under subdivision (1) of subsection 3 of this section, the 33
recorder of deeds is notified by each property owner or 34
owner of record of such parcel of real property that such 35
deed is fraudulent, the recorder of deeds shall delay the 36
recording of the deed for at least an additional two 37
business days to provide time for each property owner or 38
owner of record of such parcel of real property to seek an 39
order from a court of competent jurisdiction to prohibit the 40
recording of the apparently fraudulent deed. 41
5. The recorder of deeds shall not delay the recording 42
of a general warranty deed or quitclaim deed as required 43
under this section if at least one of the following 44
conditions has been met: 45
(1) The general warranty deed or quitclaim deed 46
presented for recording was submitted by a real estate 47
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broker who holds a valid Missouri real estate broker license 48
under chapter 339; or 49
(2) The general warranty deed or quitclaim deed 50
presented for recording was reviewed by a title company that 51
is duly licensed under chapter 381 and such title company 52
has issued title insurance to guaranty the validity of the 53
deed for the prospective owner or owners of such parcel of 54
real property. 55
6. (1) As used in this subsection, "defective deed" 56
means a deed that: 57
(a) Fails to provide adequate grantee or grantor 58
information; 59
(b) Fails to provide a proper description of the 60
parcel of real property being transferred; 61
(c) Lacks the signature of a grantor; 62
(d) Does not have a proper notary acknowledgment and 63
seal under sections 486.730 and 486.760; or 64
(e) Is notarized by a notary whose commission has 65
expired prior to notarizing the deed. 66
(2) The recorder of deeds of each county of this state 67
is hereby authorized to reject and return a general warranty 68
deed or quitclaim deed that has been deemed by the recorder 69
of deeds to be a defective deed. 70
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