Effective 28 Aug 1994

443.390. Trustee's deed not to be accepted by recorder in certain cities or counties unless unpaid notes are produced — duties of recorder. — In all cities in this state which now have or which may hereafter have three hundred fifty thousand inhabitants or more and in all counties in this state of the first class, no trustee's deed or mortgagee's deed under power of sale in foreclosure of any security instrument recorded prior to January 1, 1986, shall be accepted by the recorder of deeds for record unless:

(1) The principal note or notes or other principal obligations which were unpaid when the foreclosure sale commenced and for the default in payment of which foreclosure is had, are produced to the recorder; or

(2) If such notes are lost then the owner of the principal notes or obligations makes an affidavit that such notes are lost and produces such affidavit for the recorder. Upon such trustee's or mortgagee's deed being filed for record, the recorder shall make a notation on the principal note or notes or other principal obligations showing that such deed in foreclosure has been filed of record, in substantially the following form:

­­Except, whenever any trustee's deed or mortgagee's deed under power of sale in foreclosure of any security instrument recorded prior to January 1, 1986, providing for the issuance of more than one principal note or bond shall be presented for recording, it shall be accepted by the recorder of deeds for record upon the presentation to the recorder of the unpaid principal note or notes or bonds required by such security instrument to permit the trustee to sell the property under foreclosure sale. A foreclosure sale shall be deemed to have commenced within the meaning of this law upon the first publication of the notice of sale.

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(RSMo 1939 § 3484, A.L. 1945 p. 681, A.L. 1985 H.B. 210, A.L. 1994 H.B. 1312)