Missouri Quit Claim Deed Form
Created between a seller and buyer of a property, a Missouri Quit Claim Deed is a type of Deed designed for DIY execution and filing. A prerequisite of using this legal agreement is that these two parties, legally termed the “Grantor” and “Grantee” respectively, already know one another. It is unwise for a Grantee to enter into a Quit Claim with someone they do not know because no promises can be made about the title of the property. The Grantor could state they have good title, but the Quit Claim Deed can provide no guarantees of this. Therefore, it is a good idea to do a title search before executing this agreement—even if the Grantor is trustworthy—as doing so may uncover previously unknown conflicting claims to the property.
Laws: Revised Statutes of Missouri, Title XXIX Ownership and Conveyance of Property, Chapter 442: “Titles and Conveyance of Real Estate”
Appearance of the form (§ 59.310. 1(1)): Specific standards, mandated by state law, must be upheld in regards to the form’s appearance. For example, the text must be a particular size and the margins must be a particular width.
Mandatory details to include (§ 59.310. 1(2)): The following mandatory details must be stated on the first page below the three-inch (3″) horizontal margin:
- The title of the document (that is, “Quit Claim Deed”),
- The date of the Deed,
- The names of the Grantor and Grantee,
- Statutory addresses (if any),
- The property’s legal description of the property, and
- Reference book and pages for statutory requirements (if applicable).
No acts of ceremony needed (§ 442.020): As long as the Quit Claim Deed is duly acknowledged and recorded, no other acts of ceremony are necessary.
Signing requirements (§ 442.150 and § 442.180): The Missouri Quit Claim Deed should be signed by the Grantor and acknowledged or proved by way of a court having a seal, judge, justice, clerk, or Notary Public. The court or officer must grant a certificate of acknowledgment or proof, which should be endorsed on the form.
In the City of St. Louis, § 15.152.020 states that the Deed must also bear the notarized signature of the Grantee.
How to file a Quit Claim Deed in Missouri (§ 442.380): Once the Missouri Quit Claim Deed has been filled out with the required information stated above, it should be filed at the County Recorder of Deeds. The County Recorder will make the party filing the Deed pay a service charge for making the recording. Some counties also demand that a Certificate of Value is also filed, as explained in the “Additional mandatory forms” section below.
According to § 442.390, Missouri is a state with a “notice recording statute.” As this law states, the Deed:
“…From time of filing the same with the recorder for record, impart notice to all persons of the contents thereof and all subsequent purchasers and mortgagees shall be deemed, in law and equity, to purchase with notice.”
In other words, anyone who executes a Quit Claim Deed has a legal responsibility to provide notice by recording the Deed at the County Recorder of Deeds. If the recording is not made, there is the chance that in the future, rights to the property may be granted to a party who, lacking such notice, executes a legitimate conveyance concerning the same property.
Additional mandatory forms: Four (4) counties in Missouri also require a Certificate of Value to be filed at the time the Quit Claim Deed is filed. Below, the counties are listed with their respective form.
Heavy penalties may be imposed if the Certificate of Value is not filed. For example, in St. Charles County, failure to file will result in a penalty of five hundred dollars ($500.00) or one percent (1%) of the selling price.