Missouri · RSMo 443Missouri deed of trust release after payoff: the 45-day demand and the penalty

In Missouri, a paid-off mortgage is usually a deed of trust, and the release has to be recorded to clear the title. Under RSMo 443.060, when the secured party receives full satisfaction, it must, at the request and cost of the person paying, deliver a sufficient deed of release; the trustee doesn't need to join in it. RSMo 443.130 puts a deadline and a penalty behind that duty. If the secured party doesn't submit a sufficient deed of release for recording within 45 days after the request and tender of costs, it is liable to the mortgagor for the lesser of $300 for each day after the 45th day or 10% of the amount of the security instrument, plus court costs and attorney fees. If its document is rejected for recording, it gets 60 days after notice of the rejection to submit a recordable release. To qualify, the mortgagor or their agent must send the request as a demand letter by certified mail, return receipt requested, or another method that proves the date of receipt, and include good and sufficient evidence that the debt was satisfied with good funds and that the cost of filing and recording the release was advanced; in a lawsuit, the plaintiff must prove that notice was given that way. For a sale, keeping the payoff statement, the payoff confirmation and proof the recording fee was paid together makes a demand easy if the release doesn't show up.