428.110. Filing officer may reject lien, exceptions--filing officer to accept notice of invalid lien, when. - Missouri Statutes

Filing officer may reject lien, exceptions--filing officer to acceptnotice of invalid lien, when.

428.110. 1. Any filing officer may reject for filing or recordingany nonconsensual common law lien. This section shall not be construed topermit rejection of a document that is shown to be authorized by contract,lease or statute or imposed by a state or federal court of competentjurisdiction or filed by a licensed attorney, a financial institutionincluding, but not limited to, any commercial bank, savings and loanassociation or credit union or a Missouri state licensed mortgage companyor mortgage broker.

2. If a nonconsensual common law lien has been accepted for filing,the filing officer shall accept for filing a sworn notice of invalid lienon a form provided by the filing officer signed and submitted by the personagainst whom such lien was filed or such person's attorney. The form shallbe captioned "Notice of Invalid Lien" and shall state the name and addressof the person on whose behalf such notice is filed, the name and address ofthe lien claimant and a clear reference to the document or documents theperson believes constitute a nonconsensual common law lien. A copy of thenotice of invalid lien shall be mailed by the filing officer to the lienclaimant at the lien claimant's last known address within one business day.No filing officer, county or the state shall be liable for the acceptancefor filing of a nonconsensual common law lien, nor for the acceptance forfiling of a sworn notice of invalid lien pursuant to this subsection.

(L. 1996 S.B. 869 § D-2)