Reply by PAW on 12/3/10 1:26pm
Msg #363797
"Witness state" means that there must be a witness or witnesses to the execution of a document. "Spousal state" means that there are some unique or special handling required if the property owner/borrower has a spouse. Most states have some sort of spousal conditions, such as the state being a community property state, or having homestead statutes or acts.
In Missouri, witnesses are not required on conveyances or the security instrument (Deed of Trust).
MO has some 'spousal' conditions about conveyances: There must be joinder of a spouse in all conveyances. (RSMo474.150) Even though Dower and Curtesy are no longer recognized, in most cases, joinder by spouses is required, regardless of whether one or both holds legal title. The only exception is a purchase money deed of trust but for specific authorities. (Title company will tell you if both spouses must sign.)
Missouri does have Homestead statutes (RSMo 513.475. 1.). It provides:
"2. Either spouse separately shall be debarred from and incapable of selling, mortgaging or alienating the homestead in any manner whatever, and every such sale, mortgage or alienation is hereby declared null and void; provided, however, that nothing herein contained shall be so construed as to prevent the husband and wife from jointly conveying, mortgaging, alienating or in any other manner disposing of such homestead, or any part thereof."
St. Louis has some rather unique rules for the notary to follow concerning mortgage documents.
1. All Parties to a document- Both Grantor and Grantee- Must Have Their Notarized Signatures on the document (Chapter 5.152.030 St. Louis City Revised Code http://www.slpl.lib.mo.us/cco/code/data/t15152.htm ). Full Legal Name must be used. Deeds of Trust and Easements are exempt from Grantee signature requirement.
2. Under each signature, the party's name must be legibly typed or printed sufficient for preservation by microfilm and digital scanning and reproduction of a legible copy. The signature name and the name typed or printed must be the same, must be the full legal name.
3. The notary seal or notary stamp must be in black ink.
4. The notary seal or notary stamp must be imprinted under the Notary's signature and legible sufficient for preservation by microfilming and digital scanning and reproduction of a legible copy.
5. The notary seal or notary stamp must read, for example:
Jane Doe
Notary Public
Notary Seal
State of Missouri
6. The Notary's "Commission Expiration Date" must be clearly imprinted on the document from the notary seal or notary stamp and legible sufficient for preservation by microfilming and digital scanning and reproduction of a legible copy.
The above is for personal informative purposes only and is not to be construed as legal advice or opinion.
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