Section 428.105

Title XXVII DEBTOR-CREDITOR RELATIONS

Chapter 428

Effective - 28 Aug 1996   

  428.105.  Definitions. — 1.  For the purposes of sections 428.105 to 428.135:

  (1)  "Court" is the United States Supreme Court, Federal Courts of Appeal, Federal District Courts, Federal Magistrates, Federal Administrative Courts, Missouri supreme court, Missouri courts of appeal, Missouri circuit courts, and Missouri associate circuit courts but shall not include municipal courts;

  (2)  "Filing officer" is the secretary of state, the recorder of deeds of any county, the circuit clerk of any county or any public official or authorized employee required by law to accept for filing and keep as a public record any lien, deed, instrument, judgment or other document, whether in paper, electronic or other form, required to be filed or recorded under the laws of this state;

  (3)  "Nonconsensual common law lien" is a document that purports to assert a lien against the assets, real or personal, of any person and that, regardless of any self-description:

  (a)  Is not expressly provided for by a specific state or federal statute;

  (b)  Does not depend upon the consent of the owner of the property affected or the existence of a contract for its existence; and

  (c)  Is not an equitable or constructive lien imposed by a state or federal court of competent jurisdiction.

  2.  Nothing in sections 428.105 to 428.135 shall be construed to create a lien or interest in property not otherwise existing under state or federal law.

  3.  Nothing in sections 428.105 to 428.135 shall be construed to permit a municipal court to create a lien or interest in property not otherwise existing under state or federal law.

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(L. 1996 S.B. 869 § D-1)