Missouri Revised Statutes
Chapter 429 - Statutory Liens Against Real Estate
Section 429.627 - Lien preventing closing, escrow account to be established with clerk of circuit court — funds in account held until parties' rights determined — release of broker's lien when.

Effective - 28 Aug 1993
429.627. Lien preventing closing, escrow account to be established with clerk of circuit court — funds in account held until parties' rights determined — release of broker's lien when. — Unless an alternative procedure is available and is acceptable to the transferee in a real estate transaction, if a claim for a real estate broker's lien has been filed with the county recorder of deeds and such lien would prevent the closing of a transaction or conveyance, an escrow account shall be established with the clerk of the circuit court in the county in which the commercial real estate is located from the proceeds of the transaction or conveyance in an amount sufficient to release the claim for the lien. The requirement to establish an escrow account, as provided in this section, shall not be cause for any party to refuse to close a transaction. The proceeds held in such escrow account shall be held by the circuit clerk until the parties' rights to the escrowed funds have been determined by written agreement of the parties, by a final judgment of the circuit court or by other process as may be agreed to by the parties. If funds sufficient to satisfy the amount claimed in the lien have been deposited in the escrow account, the real estate broker shall release the claim for the lien on such real estate.
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(L. 1993 S.B. 18 § 11)
(2000) Execution by a holder of a deed of trust of a statutorily required deed of release in exchange for application of sale proceeds does not result in a loss of lien priority to a broker's lien asserted against proceeds of sale by the real estate broker under the Commercial Real Estate Brokers' Lien Act. Dalton Investments, Inc. v. Nooney Co., 10 S.W.3d 590 (Mo.App.E.D.).

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXVII - Debtor-Creditor Relations

Chapter 429 - Statutory Liens Against Real Estate

Section 429.005 - Certain agreements to waive rights under this chapter are unenforceable — exception.

Section 429.010 - Mechanics' and materialmen's lien, who may assert — extent of lien.

Section 429.012 - Original contractor to have lien, when — requirements, failure to provide notice, penalty, exception — agents, insurance companies or escrow, accepting fraudulent lien waiver or false affidavit for gain, penalty.

Section 429.013 - Definitions — subcontractor to have lien, when — consent of owner, form — requirements — penalties for violation.

Section 429.014 - Lien fraud, penalties — claim against original contract, when.

Section 429.015 - Lien authorized for architectural, professional engineering, land survey, or landscape architecture — extent of lien — priority — defenses.

Section 429.016 - Residential real property — recording required, procedure — failure to record, effect of — form of notice — separate notice required, when — release of lien, procedure — waiver, when.

Section 429.020 - Lien for street, sidewalk, sewer or pipeline adjacent to land.

Section 429.030 - Amount of property subject to lien.

Section 429.032 - Partial release when lien is on multiple lots or tracts — mechanic's lien claimant to file record in circuit court, content — form for partial release.

Section 429.040 - Buildings on same or adjacent lots.

Section 429.050 - Priority of lien — improvements removed when — exception.

Section 429.060 - Lien shall have precedence over subsequent encumbrances.

Section 429.070 - Lien in case of licensed or leased property.

Section 429.080 - Lien filed with circuit clerk, when.

Section 429.090 - Abstract of lien by clerk.

Section 429.100 - Notification by subcontractors and others.

Section 429.110 - When owner nonresident — notice, how given.

Section 429.120 - Satisfaction to be filed, when.

Section 429.130 - Penalty for refusing to satisfy.

Section 429.140 - Duty of contractor when others file lien.

Section 429.150 - Who construed as owner or proprietor.

Section 429.160 - Assignment of mechanics' liens — rights of assignee.

Section 429.170 - Actions commenced in six months.

Section 429.180 - Pleadings as in other civil cases.

Section 429.190 - Who may be made parties.

Section 429.200 - Personal representative made party, when.

Section 429.210 - The judgment.

Section 429.220 - Judgment by default.

Section 429.230 - Judgment on constructive notice.

Section 429.240 - Judgment on personal service.

Section 429.250 - The execution.

Section 429.260 - Proceeds divided pro rata, when.

Section 429.270 - Enforcement and adjudication of rights of several lienors in equitable action — procedure.

Section 429.280 - Parties to equitable action.

Section 429.290 - Equitable action exclusive of other remedies.

Section 429.300 - Other actions stayed when equitable action brought.

Section 429.310 - Time suits deemed commenced.

Section 429.320 - Appointment of referee by court, when — jury trials.

Section 429.330 - No equitable action in case of one lien.

Section 429.340 - Enforcement of decree ordering sale of property.

Section 429.350 - Enforcement of mechanics' liens by associate circuit judge.

Section 429.360 - Suits for foreclosure, process, procedure — same as other civil suits.

Section 429.440 - Lien on railroad property for work, labor, materials.

Section 429.450 - Such lien to have precedence over other encumbrances.

Section 429.460 - Account and claim of lien filed with circuit clerk, when — copy served.

Section 429.470 - Lien abstracts, contents — duties of clerk.

Section 429.480 - Secretary of state to file lien in his office.

Section 429.490 - Satisfaction filed, when.

Section 429.500 - Refusal of parties to satisfy — penalty.

Section 429.510 - Limitations of subcontractor's lien by his contract.

Section 429.520 - Actions to enforce lien, how conducted — nature of judgment.

Section 429.530 - Who shall be parties to suit.

Section 429.540 - Proceeds, when distributed pro rata.

Section 429.550 - Railroad liable to subcontractors, laborers, when.

Section 429.600 - Law, how cited.

Section 429.603 - Definitions.

Section 429.605 - Broker's lien for compensation for services, requirements.

Section 429.607 - Lien notice, content.

Section 429.609 - Broker's lien attaches to commercial real estate when, notice to be filed in office of recorder, when — installment payments of compensation, notice recorded when — lease, claim for lien filed when.

Section 429.611 - Lien claim release or satisfaction to be filed when.

Section 429.614 - Broker to mail copy of notice of lien to owner by certified mail.

Section 429.616 - Enforcing lien, broker may bring suit, filed where, time limitation on filing — failure to file on time extinguishes lien — claim for same extinguished lien not permitted.

Section 429.618 - Petition, content, parties' foreclosure action, procedure — liens having priority over broker's lien.

Section 429.620 - Broker failing to file suit or answer in pending suit within thirty days after service on owner, lien is extinguished, service of demand, procedure.

Section 429.623 - Satisfaction or release of lien by broker on written demand of owner within thirty days of demand.

Section 429.625 - Cost of proceeding to be paid by nonprevailing party — more than one nonprevailing party, apportionment by court.

Section 429.627 - Lien preventing closing, escrow account to be established with clerk of circuit court — funds in account held until parties' rights determined — release of broker's lien when.

Section 429.629 - Appraisers and title examination service on commercial real estate to provide lien for services completed.

Section 429.630 - Brokers, appraisers and title examination service at time of closing to give written notice of right to lien on premises — failure to furnish notice, effect.