Acknowledgment of satisfaction and release, how made.
443.060. 1. If any mortgagee, cestui que trust or assignee, or personalrepresentative of the mortgagee, cestui que trust or assignee, receive fullsatisfaction of any security instrument, he shall, at the request and cost ofthe person making the same, deliver to such person a sufficient deed ofrelease of the security instrument; but it shall not in any case be necessaryfor the trustee to join in such deed of release. In the case of securityinstruments recorded prior to January 1, 1986, if a full deed of release isoffered for record, and except as otherwise provided in subsection 3 of thissection, the note or notes secured shall be produced and canceled in thepresence of the recorder, who shall enter that fact on the deed of releaseprior to its recordation and attest the same with his official signature; andexcept as otherwise provided in subsection 3 of this section, no full deed ofrelease of such a security instrument shall be admitted to record unless thenote or notes are so produced and canceled, and that fact entered on the deedof release and attested as above provided.
2. If such note or notes are required by subsection 1 of this section tobe presented for cancellation and are not presented for the alleged reasonthat they have been lost or destroyed, the recorder, before allowing any deedof release to be placed on the file or record, shall require the mortgagee orcestui que trust named in the security instrument desired to be released orhis legal representative, to make oath, in writing, stating that the note orother evidences of debt named in the security instrument sought to be releasedhave been paid and delivered to the maker thereof or his representative. Therecorder shall also require the maker of such note or notes, or his legalrepresentative, to make affidavit, in writing, that the note or notes inquestion have been paid, and cannot be produced because lost or destroyed, andthat they are not then in the possession of any person having any lawful claimto the same. If such note or notes shall not have been delivered to the makeror his legal representative, the affidavit so required of the mortgagee orcestui que trust or his legal representative shall recite that the note orother evidence of the debt named in the security instrument has been paid andcannot be produced because lost or destroyed, and that it is* not then in thepossession of any person having any lawful claim to the same. The term "legalrepresentatives" as used in this section shall include assigns. The affidavitof the maker of such note or notes or his legal representative shall recitethat such note or notes have been paid. The affidavits so required shall berecorded in the same manner as deeds, in a permanent record. Nothing in thischapter shall be so construed as to require that any interest coupon notesshall be produced and canceled in the presence of the recorder, but that allsuch interest coupon notes shall conclusively be taken and be deemed to havebeen paid in full, when the principal note described in the securityinstrument shall have been produced and canceled in the presence of therecorder as provided for in this chapter.
3. In case any mortgagee, cestui que trust or assignee, or personalrepresentative of the mortgagee, cestui que trust or assignee shall desire torelease the property described in any security instrument recorded prior toJanuary 1, 1986, without receiving full satisfaction of the debt, note orobligation thereby secured, he shall be permitted to do so by the recorder onpresentation to the recorder of the notes or other obligations evidencing theprincipal of the debt secured thereby, or accounting for them by affidavits orotherwise as now or hereafter provided by law in the case of full release, andthe recorder shall note the fact of the filing for record of such release onsuch notes or obligations in substantially the following form:
"See release dated .........................................
............................... Recorder" and of the presentation of such notes or other obligations, or accountingtherefor, on the deed of release prior to its recordation, but shall notcancel such notes or other obligations. Nothing in this section shall beconstrued as making it necessary for any trustee named in the securityinstrument to join in such deed of release.
(1996) This section requires a deed of release be delivered to the party making the satisfaction. Masterson v. Roosevelt Bank, 919 S.W.2d 9 (Mo.App.E.D.).
Acknowledgment of satisfaction and release, how made.
443.060. 1. If any mortgagee, cestui que trust or assignee, or personalrepresentative of the mortgagee, cestui que trust or assignee, receive fullsatisfaction of any security instrument, he shall, at the request and cost ofthe person making the same, deliver to such person a sufficient deed ofrelease of the security instrument; but it shall not in any case be necessaryfor the trustee to join in such deed of release. In the case of securityinstruments recorded prior to January 1, 1986, if a full deed of release isoffered for record, and except as otherwise provided in subsection 3 of thissection, the note or notes secured shall be produced and canceled in thepresence of the recorder, who shall enter that fact on the deed of releaseprior to its recordation and attest the same with his official signature; andexcept as otherwise provided in subsection 3 of this section, no full deed ofrelease of such a security instrument shall be admitted to record unless thenote or notes are so produced and canceled, and that fact entered on the deedof release and attested as above provided.
2. If such note or notes are required by subsection 1 of this section tobe presented for cancellation and are not presented for the alleged reasonthat they have been lost or destroyed, the recorder, before allowing any deedof release to be placed on the file or record, shall require the mortgagee orcestui que trust named in the security instrument desired to be released orhis legal representative, to make oath, in writing, stating that the note orother evidences of debt named in the security instrument sought to be releasedhave been paid and delivered to the maker thereof or his representative. Therecorder shall also require the maker of such note or notes, or his legalrepresentative, to make affidavit, in writing, that the note or notes inquestion have been paid, and cannot be produced because lost or destroyed, andthat they are not then in the possession of any person having any lawful claimto the same. If such note or notes shall not have been delivered to the makeror his legal representative, the affidavit so required of the mortgagee orcestui que trust or his legal representative shall recite that the note orother evidence of the debt named in the security instrument has been paid andcannot be produced because lost or destroyed, and that it is* not then in thepossession of any person having any lawful claim to the same. The term "legalrepresentatives" as used in this section shall include assigns. The affidavitof the maker of such note or notes or his legal representative shall recitethat such note or notes have been paid. The affidavits so required shall berecorded in the same manner as deeds, in a permanent record. Nothing in thischapter shall be so construed as to require that any interest coupon notesshall be produced and canceled in the presence of the recorder, but that allsuch interest coupon notes shall conclusively be taken and be deemed to havebeen paid in full, when the principal note described in the securityinstrument shall have been produced and canceled in the presence of therecorder as provided for in this chapter.
3. In case any mortgagee, cestui que trust or assignee, or personalrepresentative of the mortgagee, cestui que trust or assignee shall desire torelease the property described in any security instrument recorded prior toJanuary 1, 1986, without receiving full satisfaction of the debt, note orobligation thereby secured, he shall be permitted to do so by the recorder onpresentation to the recorder of the notes or other obligations evidencing theprincipal of the debt secured thereby, or accounting for them by affidavits orotherwise as now or hereafter provided by law in the case of full release, andthe recorder shall note the fact of the filing for record of such release onsuch notes or obligations in substantially the following form:
"See release dated .........................................
............................... Recorder" and of the presentation of such notes or other obligations, or accountingtherefor, on the deed of release prior to its recordation, but shall notcancel such notes or other obligations. Nothing in this section shall beconstrued as making it necessary for any trustee named in the securityinstrument to join in such deed of release.
(1996) This section requires a deed of release be delivered to the party making the satisfaction. Masterson v. Roosevelt Bank, 919 S.W.2d 9 (Mo.App.E.D.).
Acknowledgment of satisfaction and release, how made.
443.060. 1. If any mortgagee, cestui que trust or assignee, or personalrepresentative of the mortgagee, cestui que trust or assignee, receive fullsatisfaction of any security instrument, he shall, at the request and cost ofthe person making the same, deliver to such person a sufficient deed ofrelease of the security instrument; but it shall not in any case be necessaryfor the trustee to join in such deed of release. In the case of securityinstruments recorded prior to January 1, 1986, if a full deed of release isoffered for record, and except as otherwise provided in subsection 3 of thissection, the note or notes secured shall be produced and canceled in thepresence of the recorder, who shall enter that fact on the deed of releaseprior to its recordation and attest the same with his official signature; andexcept as otherwise provided in subsection 3 of this section, no full deed ofrelease of such a security instrument shall be admitted to record unless thenote or notes are so produced and canceled, and that fact entered on the deedof release and attested as above provided.
2. If such note or notes are required by subsection 1 of this section tobe presented for cancellation and are not presented for the alleged reasonthat they have been lost or destroyed, the recorder, before allowing any deedof release to be placed on the file or record, shall require the mortgagee orcestui que trust named in the security instrument desired to be released orhis legal representative, to make oath, in writing, stating that the note orother evidences of debt named in the security instrument sought to be releasedhave been paid and delivered to the maker thereof or his representative. Therecorder shall also require the maker of such note or notes, or his legalrepresentative, to make affidavit, in writing, that the note or notes inquestion have been paid, and cannot be produced because lost or destroyed, andthat they are not then in the possession of any person having any lawful claimto the same. If such note or notes shall not have been delivered to the makeror his legal representative, the affidavit so required of the mortgagee orcestui que trust or his legal representative shall recite that the note orother evidence of the debt named in the security instrument has been paid andcannot be produced because lost or destroyed, and that it is* not then in thepossession of any person having any lawful claim to the same. The term "legalrepresentatives" as used in this section shall include assigns. The affidavitof the maker of such note or notes or his legal representative shall recitethat such note or notes have been paid. The affidavits so required shall berecorded in the same manner as deeds, in a permanent record. Nothing in thischapter shall be so construed as to require that any interest coupon notesshall be produced and canceled in the presence of the recorder, but that allsuch interest coupon notes shall conclusively be taken and be deemed to havebeen paid in full, when the principal note described in the securityinstrument shall have been produced and canceled in the presence of therecorder as provided for in this chapter.
3. In case any mortgagee, cestui que trust or assignee, or personalrepresentative of the mortgagee, cestui que trust or assignee shall desire torelease the property described in any security instrument recorded prior toJanuary 1, 1986, without receiving full satisfaction of the debt, note orobligation thereby secured, he shall be permitted to do so by the recorder onpresentation to the recorder of the notes or other obligations evidencing theprincipal of the debt secured thereby, or accounting for them by affidavits orotherwise as now or hereafter provided by law in the case of full release, andthe recorder shall note the fact of the filing for record of such release onsuch notes or obligations in substantially the following form:
"See release dated .........................................
............................... Recorder" and of the presentation of such notes or other obligations, or accountingtherefor, on the deed of release prior to its recordation, but shall notcancel such notes or other obligations. Nothing in this section shall beconstrued as making it necessary for any trustee named in the securityinstrument to join in such deed of release.
(1996) This section requires a deed of release be delivered to the party making the satisfaction. Masterson v. Roosevelt Bank, 919 S.W.2d 9 (Mo.App.E.D.).
