Section 381.412

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 381

Effective - 01 Jan 2008, 2 histories, see footnote   (history) 

  381.412.  Settlement agents, accepting funds, exemption — title insurer, deposit of funds — violation, fine. — 1. A settlement agent who accepts funds for closing a sale of an interest in real estate shall require a buyer, seller, or lender who is not a financial institution to convey such funds to the settlement agent as certified funds. A check shall be exempt from the provisions of this section if drawn on:

  (1) An escrow account of a licensed real estate broker, as regulated and described in section 339.105, RSMo; or

  (2) An escrow account of a title insurer or title insurance agency licensed to do business in Missouri; or

  (3) An agency of the United States of America, the state of Missouri, or any county or municipality of the state of Missouri; or

  (4) An account by a financial institution.

  2. It is unlawful for any title insurer, title agency, or title agent, as defined in section 381.009*, to make any payment, disbursement or withdrawal from an escrow account which it maintains as a depository of funds received from the public for the settlement of real estate transactions unless a corresponding deposit of funds was made to the escrow account for the benefit of the payee or payees:

  (1) At least ten days prior to such payment, disbursement, or withdrawal; or

  (2) Which consisted of certified funds; or

  (3) Consisted of a check made exempt from this section by the provisions of subsection 1 of this section.

  3. A violation of any provision of this section is a level two violation under section 374.049, RSMo.

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(L. 1996 S.B. 664, A.L. 1997 S.B. 148, A.L. 2000 S.B. 894, A.L. 2007 S.B. 66)

Effective 1-1-08

*Section 381.009 was repealed by S.B. 66, 2007