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 Chapter 442

previous next Effective - 28 Aug 1939bottom

  442.400.  Not valid until recorded. — No such instrument in writing shall be valid, except between the parties thereto, and such as have actual notice thereof, until the same shall be deposited with the recorder for record.


(RSMo 1939 § 3428)

Prior revisions: 1929 § 3041; 1919 § 2200; 1909 § 2811

(2004) Special tax bill and resulting lien authorized by section 88.812 are not subject to recording requirement of section or to "first in time, first in right" rule of perfecting a security interest.  Golden Delta Enterprises v. City of Arnold, 151 S.W.3d 119 (Mo.App.E.D.).

(2012) Application of recording statutes and the "first spade rule"for mechanic's liens in section 429.060 provide that a purchase-money deed of trust recorded after the commencement of work on a project is inferior to any mechanic's liens arising on the land from that work.  Bob DeGeorge Associates v. Hawthorn Bank, 377 S.W.3d 592 (Mo.banc).

---- end of effective   28 Aug 1939 ----

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