Effective - 28 Aug 1996, 2 histories
428.110. Filing officer may reject lien, exceptions — filing officer to accept notice of invalid lien, when. — 1. Any filing officer may reject for filing or recording any nonconsensual common law lien. This section shall not be construed to permit rejection of a document that is shown to be authorized by contract, lease or statute or imposed by a state or federal court of competent jurisdiction or filed by a licensed attorney, a financial institution including, but not limited to, any commercial bank, savings and loan association or credit union or a Missouri state licensed mortgage company or 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 lien on a form provided by the filing officer signed and submitted by the person against whom such lien was filed or such person's attorney. The form shall be captioned "Notice of Invalid Lien" and shall state the name and address of the person on whose behalf such notice is filed, the name and address of the lien claimant and a clear reference to the document or documents the person believes constitute a nonconsensual common law lien. A copy of the notice of invalid lien shall be mailed by the filing officer to the lien claimant at the lien claimant's last known address within one business day. No filing officer, county or the state shall be liable for the acceptance for filing of a nonconsensual common law lien, nor for the acceptance for filing of a sworn notice of invalid lien pursuant to this subsection.
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(L. 1996 S.B. 869 § D-2)
Structure Missouri Revised Statutes
Title XXVII - Debtor-Creditor Relations
Chapter 428 - Fraudulent Conveyances and Liens
Section 428.005 - Short title.
Section 428.009 - Definitions.
Section 428.024 - Transfers fraudulent as to present and future creditors.
Section 428.029 - Transfers fraudulent as to present creditors.
Section 428.034 - When transfer is made or obligation is incurred.
Section 428.039 - Remedies of creditors.
Section 428.044 - Defenses, liability, and protection of transferee.
Section 428.049 - Extinguishment of claim for relief or cause of action.
Section 428.054 - Supplementary provisions.
Section 428.059 - Uniformity of applications and construction.
Section 428.105 - Definitions.
Section 428.115 - Lien claimant may petition court, procedure.
Section 428.120 - Petition to declare lien invalid, procedure.
Section 428.125 - Contents of order — remedies — copy of order to be filed.
Section 428.130 - Filing officers not liable.
Section 428.135 - Liability for filing or recording certain documents.