Section 443.010 Mortgage, assumption of upon purchase not construed to extend mortgage to other lands, when.

MO Rev Stat § 443.010 (2019) (N/A)

Copy with citation

Copy as parenthetical citation

Effective 28 Aug 1939

443.010. Mortgage, assumption of upon purchase not construed to extend mortgage to other lands, when. — Where, by any deed which shall be hereafter executed, two or more lots or tracts of land or interests in such shall be conveyed, and upon one or more of such tracts or lots there shall be any mortgage or deed of trust, or lien or encumbrance not covering the other or others of such tracts, the payment of which shall be assumed in said deed, or where such mortgage or deed of trust or encumbrance shall be so recited in said deed that the payment of it might be claimed to constitute a part of the consideration of such deed, such mortgage or deed of trust or other encumbrance shall not be held by reason of such assumption or recital to constitute a vendor's lien upon, or to affect in any way, any property other than that specifically covered by such mortgage or deed of trust or other encumbrance unless it be clearly and in express words provided and set forth in said deed that it is intended by such assumption or recital to fasten such mortgage or deed of trust or other encumbrance as a vendor's lien upon any of the property conveyed, other than that specifically and prior thereto covered by it.

--------

(RSMo 1939 § 3448)

Prior revisions: 1929 § 3061; 1919 § 2220

Previous Section

Section 443.005 Security instrument defined.

Next Section

Section 443.020 Claim of such extension barred, when.