443.390. Trustee's deed not to be accepted by recorder in certain cities or counties unless unpaid notes are produced--duties of recorder.

MISSOURI STATUTES AND CODES

443.390. Trustee's deed not to be accepted by recorder in certain cities or counties unless unpaid notes are produced--duties of recorder.

Trustee's deed not to be accepted by recorder in certain cities orcounties unless unpaid notes are produced--duties of recorder.

443.390. In all cities in this state which now have or which mayhereafter have three hundred fifty thousand inhabitants or more and in allcounties in this state of the first class, no trustee's deed or mortgagee'sdeed under power of sale in foreclosure of any security instrument recordedprior to January 1, 1986, shall be accepted by the recorder of deeds forrecord unless:

(1) The principal note or notes or other principal obligations whichwere unpaid when the foreclosure sale commenced and for the default in paymentof which foreclosure is had, are produced to the recorder; or

(2) If such notes are lost then the owner of the principal notes orobligations makes an affidavit that such notes are lost and produces suchaffidavit for the recorder. Upon such trustee's or mortgagee's deed beingfiled for record, the recorder shall make a notation on the principal note ornotes or other principal obligations showing that such deed in foreclosure hasbeen filed of record, in substantially the following form:

"Deed under foreclosure filed ................, 20....

......................... Recorder" Except, whenever any trustee's deed or mortgagee's deed under power of salein foreclosure of any security instrument recorded prior to January 1, 1986,providing for the issuance of more than one principal note or bond shall bepresented for recording, it shall be accepted by the recorder of deeds forrecord upon the presentation to the recorder of the unpaid principal note ornotes or bonds required by such security instrument to permit the trustee tosell the property under foreclosure sale. A foreclosure sale shall be deemedto have commenced within the meaning of this law upon the first publication ofthe notice of sale.