REQUIREMENTS FOR DOCUMENTS TO BE RECORDED
2001 House Bill 606, effective January 1, 2002, made substantial changes to requirements for documents to be recorded with any Missouri Recorder of Deeds. The bill, which repeals ** 59.310 and 59.313 RSMo. And enacts new ** 59.005, 59.310 and 50.313, allows Recorders to reject non-conforming documents and provides for a penalty fee of $25 to record non-conforming documents. The information below is based on the text of the statute and the practical interpretation thereof by the Recorders Association of Missouri (RAM).
Specific document-formatting requirements include:
Except for plats and surveys, documents must be presented on 8 1/2" x 11" white or light colored paper of at least 20 pound weight without visible watermarks or other visible inclusions.
Documents may consist of multiple pages which may be stapled together for presentation but should not be permanently bound. Continuous form paper will not be acceptable for multiple-page documents.
Documents may not have attachments affixed to any page with staples, tape or otherwise, except that firmly attached adhesive labels containing a bar code or return address may be used.
The size of all print or typing must be at least 8-point type. Printing must be in black or dark ink. All text, seals, drawings, signatures and other content must be sufficiently legible to produce clear and legible reproductions. If a document contains type smaller than 8-point , or if it is insufficiently legible, it must be accompanied by an exact, legible retyped copy using at least 8-point type to be recorded contemporaneously as additional pages of the document.
Documents must have printing on one side only.
Documents must have a minimum top margin of 3" (reserved for the Recorder's certification and use) and minimum side and bottom margins of 3/4". Subsequent pages may have a 3/4" top margin. Nonessential information such as form numbers, page numbers or "customer notations" may be placed in the margins. Documents may be recorded if minor portions of seals or incidental writings extend beyond the margins, but the Recorder will not be liable for not showing any seal or information that extends beyond the margins of the permanent archival record. (RAM also takes the position that if a previously recorded document is to be re-recorded, a new cover page with a 3" top margin and containing the required first-page information must be attached to the front of the document.)
All original signatures must be in black or dark ink of sufficient color and clarity to ensure that when a document is reproduced from the official record, it will be readable. Each signature must have the corresponding name typed, printed or stamped underneath the signature, and the typed, printed or stamped name shall not cover or otherwise materially interfere with any part of the document.
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The following information must appear on the first page of the document below the minimum 3" top margin:
- The title of the document
- The date of the document
- All grantors' names and marital status (designations may be compound, such as "assignor/grantor")
- All grantees' names (designations may be compound, such as "assignee/grantee")
- Any addresses required by statute (all addresses should be identified as those of the grantors, grantees, trustee, etc.)
- The legal description of the property (it is sufficient if the legal description begins on the first page, so long as it continues uninterrupted to the second page) Reference book and pages to meet statutory requirements, if applicable.
If there is insufficient room on the first page of the document to include all of this information, the document must set out a page reference within the document where the information is located. (RAM's interpretation is that required page references may include references to attached exhibits, such as "Exhibit A," etc. RAM notes that the purpose of having all the required information on the first page is to facilitate indexing of documents.)
If a document is rejected for failure to meet any one or more of the foregoing requirements, the statute requires the Recorder to state the reasons for the rejection.
Documents exempt from the foregoing format requirements include:
- Documents signed before January 1, 2002
- Military separation papers
- Documents executed outside the United States
- Certified copies of documents, including birth and death certificates
- Any document where one of the original parties is deceased or otherwise incapacitated (RAM indicates that Recorders may require documentation of death or incapacity but that such documentation need not be recorded)
- Judgments or other documents formatted to meet court requirements
Notary Public
Name is to be typed, printed or stamped underneath the signature. If the notary uses a stamp seal and places it directly underneath their signature, it would comply.
Seals 1) Shall not be placed over any printed text of the document or signatures. 2) May not be in the margins of the document. 3) Must meet the requirements of 8-point type.
The notary must complete a proper acknowledgement statement, which includes stating the capacity of the person being acknowledged in some form as suggested in RSMo 486.
Missouri Notary seals must have Notary name, "Notary Public", "Notary Seal", and "State of Missouri". The letter size in your Notary seal or stamp must be no smaller than 8 points. The type you are reading is 8 points.
Corporate Seals
Corporate seals, if required, may not be placed over printed text of the document, signatures or within the margins.
Notary Public Requirements
Please complete all blanks of the acknowledgement. Use dark blue or black ink only. The Notary must print or type his/her name on the line within the acknowledgement and also beneath his/her signature on the line below the acknowledgement unless your seal is used under your signature.
An ink-stamp seal should be clear, dark and uniform. If an embossing seal is used, all letters must make a CLEAR, SHARPLY RAISED IMPRESSION. An ink stamp used alone is sufficient. Out of state Notary Publics must comply with Missouri statutory and formatting requirements. Some states, however, do not require a notary seal.