Section 476.1313

Title XXXII COURTS

Chapter 476

Effective - 28 Aug 2023   

  476.1313.  Recorder of deeds, duties — compliance and requirements. — 1.  Notwithstanding any other provision of law to the contrary, a recorder of deeds shall meet the requirements of the provisions of sections 476.1300 to 476.1310 by complying with this section.  As used in this section, the following terms mean:

  (1)  "Eligible documents", documents or instruments that are maintained by and located in the office of the recorder of deeds that are accessed electronically;

  (2)  "Immediate family" shall have the same meaning as in section 476.1300;

  (3)  "Indexes", indexes maintained by and located in the office of the recorder of deeds that are accessed electronically;

  (4)  "Judicial officer" shall have the same meaning as in section 476.1300;

  (5)  "Recorder of deeds" shall have the same meaning as in section 59.005;

  (6)  "Shield", "shielded", or "shielding", a prohibition against the general public's electronic access to eligible documents and the unique identifier and recording date contained in indexes for eligible documents;

  (7)  "Written request", written or electronic notice signed by:

  (a)  A state judicial officer and submitted to the clerk of the Missouri supreme court or the clerk's designee; or

  (b)  A federal judicial officer and submitted to that judicial officer's clerk of the court or the clerk's designee;

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that is transmitted electronically by the applicable clerk to a recorder of deeds to request that eligible documents be shielded.

  2.  Written requests transmitted to a recorder of deeds shall only include information specific to eligible documents maintained by that county.  Any written request transmitted to a recorder of deeds shall include the requesting judicial officer's full legal name or legal alias and a document locator number for each eligible document for which the judicial officer is requesting shielding.  If the judicial officer is not a party to the instrument but is requesting shielding for an eligible document in which an immediate family member is a party to the instrument, the full legal name or legal alias of the immediate family member shall also be provided.

  3.  Not more than five business days after the date on which the recorder of deeds receives the written request, the recorder of deeds shall shield the eligible documents listed in the written request.  Within five business days of receipt, the recorder of deeds shall electronically reply to the written request with a list of any document locator numbers submitted under subsection 2 of this section not found in the records maintained by that recorder of deeds.

  4.  If the full legal name or legal alias of the judicial officer or immediate family member provided does not appear on an eligible document listed in the written request, the recorder of deeds may electronically reply to the written request with this information.  The recorder of deeds may delay shielding such eligible document until electronic confirmation is received from the applicable court clerk or judicial officer.

  5.  In order to shield subsequent eligible documents, the judicial officer shall present to the recorder of deeds at the time of recording a copy of his or her written request.  The recorder of deeds shall ensure that the eligible document is shielded within five business days.

  6.  Eligible documents shall remain shielded until the recorder of deeds receives a court order or notarized affidavit signed by the judicial officer directing the recorder of deeds to terminate shielding.

  7.  The provisions of this section shall not prohibit access to a shielded eligible document by an individual or entity that provides to the recorder of deeds a court order or notarized affidavit signed by the judicial officer.

  8.  No recorder of deeds shall be liable for any damages under this section, provided the recorder of deeds made a good faith effort to comply with the provisions of this section.  No recorder of deeds shall be liable for the release of any eligible document or any data from any eligible document that was released or accessed prior to the eligible document being shielded pursuant to this section.

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(L. 2023 S.B. 103)