Judges: WILLIAM L. WEBSTER, Attorney General
Filed Date: 2/7/1990
Status: Precedential
Modified Date: 7/5/2016
W. James Icenogle Camden County Prosecuting Attorney Camden County Courthouse Camdenton, Missouri 65020
Dear Mr. Icenogle:
This opinion is in response to your question asking:
Does the phrase "any instrument," as used in Section
59.319 , RSMo, include filings made under the Uniform Commercial Code, such that the four dollar user fee must be collected for each UCC-1 filing?
Section
A user fee of three dollars shall be charged and collected by every recorder in the state, over and above any other fees required by law, as a condition precedent to the recording of any instrument conveying real property or any interest therein. [Emphasis added.]
Section
A user fee of four dollars shall be charged and collected by every recorder in this state, over and above any other fees required by law, as a condition precedent to the recording of any instrument. [Emphasis added.]
The new legislation increased the user fee from three dollars to four dollars and dropped the requirement the instrument subject to the charge, "convey[ing] real property or any interest therein."
In answering the question posed, there are two issues to be considered. First, does the phrase "any instrument" as now used in Section
The primary purpose of statutory construction is to ascertain the intent of the legislature. State ex rel.Missouri State Board of Registration for Healing Arts v.Southworth,
Turning to the second issue, Section
59.330 . What shall be recorded. — It shall be the duty of recorders to record:(1) All deeds, mortgages, conveyances, deeds of trust, assignments, bonds, covenants, defeasances, or other instruments of writing, of or concerning any lands and tenements, or goods and chattels, which shall be proved or acknowledged according to law, . . . [Emphasis added.]
On the other hand the legislature, in Section
That is not to say a UCC-1 instrument cannot be "recorded" for the purposes of assessing the user fee set forth in Section
400.9-401 , Place of filing — erroneous filing — change of location of debtor or collateral — collateral of transmitting utility. —
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(b) [W]hen the collateral is timber to be cut, minerals or the like (including oil and gas) or accounts subject to subsection (5) of section
400.9-103 , or when the financing statement is filed as a fixture filing (section400.9-313 ) and the collateral is goods which are or are to become fixtures, then in the office where a mortgage on the real estate concerned would be filed for record, and any such filing shall be for record; [Emphasis added.]
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Further Section
400.9-408 . Additional filing requirements — when applicable — liability of recorder of deeds. — Notwithstanding any other provisions of this chapter, the following special provisions apply where a financing statement is required to be filed for record in the office where a mortgage on the real estate concerned would be filed for record.(1) Any amendment, continuation statement, termination statement, statement of assignment, or statement of release incidental to such a financing statement shall be filed for record in the same office where the original financing statement is recorded.
(2) In addition to other requirements of this part of this chapter, every such statement incidental to such a financing statement shall refer to the original financing statement by book and page of the record thereof.
(3) Such financing statements and such other statements incidental thereto shall be recorded in the real estate mortgage records, and shall be indexed as real estate mortgages. If any statement shows the name of a record owner of the real estate which is other than the name of the debtor or the secured party, the statement also shall be indexed in the mortgagor index according to the name of such record owner. Such financing statements and such other statements incidental thereto are entitled to be recorded even though not proved or acknowledged and certified. Fees for recording and related services shall be the same as the fees authorized by law in the case of real estate mortgages. [Emphasis added.]
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Therefore, under certain circumstances, a UCC-1 instrument is "filed for record" ("recorded") and such a recording should be assessed the user fee specified in Section
CONCLUSION
It is the opinion of this office that the user fee specified in Section
Very truly yours,
WILLIAM L. WEBSTER Attorney General