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Missouri General Assembly· SB 834Signed by Governor

Creates new provisions relating to mortgage modifications, the official text

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SECOND REGULAR SESSION
           [TRULY AGREED TO AND FINALLY PASSED]

                       SENATE SUBSTITUTE FOR

           SENATE BILL NO. 834

           103RD GENERAL ASSEMBLY
                            2026

4894S.02T

                          AN ACT

To amend chapters 442 and 443, RSMo, by adding thereto seven new sections relating to mortgage
             modifications, with penalty provisions and a severability clause.

Be it enacted by the General Assembly of the State of Missouri, as follows:

1          Section A. Chapters 442 and 443, RSMo, are amended by

2 adding thereto seven new sections, to be known as sections

3 442.920, 443.920, 443.921, 443.922, 443.923, 443.924, and

4 443.925, to read as follows:

1          442.920. 1. This section shall be known and may be

2 cited as the "Missouri Residential Sale Leaseback Protection

3 Act".

4          2. For purposes of this section, the following terms

5 mean:

6          (1) "Buyer", any person or entity that acquires an

7 ownership interest in residential real estate in a sale

8 leaseback transaction;

9          (2) "Residential real estate", real property that is

10 improved by a building or other structure that has one to

11 four dwelling units;

12         (3) "Sale leaseback", a transaction or series of

13 transactions in which a seller sells residential real estate

14 that is or was the seller's residence to another party and,

15 as a condition of the sale, or as part of the same or a
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16 related transaction, enters into a lease or rental agreement

17 to remain in or re-occupy the property;

18  (4) "Seller", any natural person who transfers an

19 ownership interest in residential real estate in a sale

20 leaseback transaction.

21  3. (1) In any sale leaseback transaction, the buyer

22 shall provide the seller with the following disclosure on a

23 single page in a clear and conspicuous manner, printed in

24 boldface type:

25  If you sign a sale leaseback agreement, you

26  are entering into a contract to sell your

27  home. This means you will no longer own your

28  home.

29  You may be subject to eviction if you do not

30  follow the lease terms.

31  You may lose the right to buy back your home.

32  This may affect your credit, taxes, and legal

33  rights.

34  You are encouraged to speak with:

35  (1) An attorney;

36  (2) A real estate agent;

37  (3) A housing counselor;

38  (4) A tax advisor; and

39  (5) A real estate appraiser.

40  No sale leaseback can be closed for at least

41  thirty (30) days after signing an agreement.

42  Do not sign unless you fully understand the

43  terms.
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44  (2) The disclosure required by subdivision (1) of this

45 subsection shall be provided to the seller not less than

46 fourteen calendar days prior to execution of any sale

47 leaseback agreement, and the disclosures shall be signed by

48 both the seller and the buyer concurrently with the

49 execution of the sale leaseback agreement.

50  (3) A copy of the signed disclosure required by

51 subdivision (1) of this subsection shall be provided to the

52 seller within five days of the execution of the sale

53 leaseback agreement.

54  4. There shall be no delivery, recording, or other

55 transfer of title from seller to buyer until thirty days

56 after the execution of any sale leaseback agreement.

57  5. (1) Any violation of the provisions of this

58 section shall be subject to a civil penalty not to exceed

59 ten thousand dollars per violation.

60  (2) The attorney general may bring an action to

61 enforce this section, including actions for injunctive

62 relief, civil penalties, and restitution.

63  (3) Any seller harmed by a violation of this section

64 may bring a civil action to recover:

65  (a) Actual damages;

66  (b) Statutory damages of ten thousand dollars, which

67 shall be in addition to any actual damages proven;

68  (c) Attorneys' fees and costs; and

69  (d) Equitable or injunctive relief.

70  6. No provision of this section shall be modified or

71 waived by any agreement. Any portion of an agreement that

72 is executed, modified, or extended after the effective date

73 of this section that modifies or waives a duty or remedy

74 under this section is void ab initio and unenforceable.
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1   443.920. Sections 443.920 to 443.925 shall be known

2 and may be cited as the "Uniform Mortgage Modification Act".

1   443.921. For purposes of sections 443.920 to 443.925,

2 the following terms mean:

3   (1) "Electronic", relating to technology having

4 electrical, digital, magnetic, wireless, optical,

5 electromagnetic, or similar capabilities;

6   (2) "Financial covenant", an undertaking to

7 demonstrate an obligor's creditworthiness, or the adequacy

8 of security provided by an obligor;

9   (3) "Modification", includes any change, amendment,

10 revision, correction, addition, supplementation,

11 elimination, waiver, and restatement;

12  (4) "Mortgage":

13  (a) An agreement that creates a consensual interest in

14 real property to secure payment or performance of an

15 obligation, regardless of:

16  a. How the agreement is denominated, including a

17 mortgage, deed of trust, trust deed, security deed,

18 indenture, and deed to secure debt; and

19  b. Whether the agreement also creates a security

20 interest in personal property; and

21  (b) Does not include an agreement that creates a

22 consensual interest to secure a liability owed by a unit

23 owner to a condominium association, owners' association, or

24 cooperative housing association for association dues, fees,

25 or assessments;

26  (5) "Mortgage modification", modification of:

27  (a) A mortgage;

28  (b) An agreement that creates an obligation, including

29 a promissory note, loan agreement, or credit agreement; or
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30  (c) An agreement that creates other security or credit

31 enhancement for an obligation, including an assignment of

32 leases or rents or a guaranty;

33  (6) "Obligation", a debt, duty, or other liability,

34 secured by a mortgage;

35  (7) "Obligor", a person that:

36  (a) Owes payment or performance of an obligation;

37  (b) Signs a mortgage; or

38  (c) Is otherwise accountable, or whose property serves

39 as collateral, for payment or performance of an obligation;

40  (8) "Person", an individual, estate, business or

41 nonprofit entity, government or governmental subdivision,

42 agency, or instrumentality, or other legal entity;

43  (9) "Recognized index", an index to which changes in

44 the interest rate may be linked that is:

45  (a) Readily available to, and verifiable by, the

46 obligor; and

47  (b) Beyond the control of the person to whom the

48 obligation is owed;

49  (10) "Record", used as a noun, means information:

50  (a) Inscribed on a tangible medium; or

51  (b) Stored in an electronic or other medium and

52 retrievable in perceivable form;

53  (11) "Sign", with present intent to authenticate or

54 adopt a record:

55  (a) Execute or adopt a tangible symbol; or

56  (b) Attach to or logically associate with the record

57 an electronic symbol, sound, or process.

1   443.922. 1. Except as provided in subsection 3 of

2 this section, sections 443.920 to 443.925 apply to a

3 mortgage modification.

4   2. Sections 443.920 to 443.925 do not affect:
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5   (1) Laws governing the required content of a mortgage;

6   (2) A statute of limitations or other law governing

7 the expiration or termination of a right to enforce an

8 obligation or a mortgage;

9   (3) A recording statute;

10  (4) A statute governing the priority of a tax lien or

11 other governmental lien;

12  (5) A statute of frauds; or

13  (6) Except as provided in subdivision (8) of

14 subsection 2 of section 443.923, law governing the priority

15 of a future advance.

16  3. Sections 443.920 to 443.925 do not apply to any of

17 the following modifications:

18  (1) A release of, or addition to, property encumbered

19 by a mortgage;

20  (2) A release of, addition of, or other change in an

21 obligor; or

22  (3) An assignment or other transfer of a mortgage or

23 an obligation.

1   443.923. 1. For a mortgage modification described in

2 subsection 2 of this section:

3   (1) The mortgage continues to secure the obligation as

4 modified;

5   (2) The priority of the mortgage is not affected by

6 the modification;

7   (3) The mortgage retains its priority regardless of

8 whether a record of the mortgage modification is recorded in

9 the public land records; and

10  (4) The modification is not a novation.

11  2. Subsection 1 of this section applies to one or more

12 of the following mortgage modifications:

13  (1) An extension of the maturity date of an obligation;
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14  (2) A decrease in the interest rate of an obligation;

15  (3) If the change does not result in an increase in

16 the interest rate of an obligation as calculated on the date

17 the modification becomes effective:

18  (a) A change to a different index that is a recognized

19 index if the previous index to which changes in the interest

20 rate were linked is no longer available;

21  (b) A change in the differential between the index and

22 the interest rate;

23  (c) A change from a floating or adjustable rate to a

24 fixed rate; or

25  (d) A change from a fixed rate to a floating or

26 adjustable rate based on a recognized index;

27  (4) A capitalization of unpaid interest or other

28 unpaid monetary obligation;

29  (5) A forgiveness, forbearance, or other reduction of

30 principal, accrued interest, or other monetary obligation;

31  (6) A modification of a requirement for maintaining an

32 escrow or reserve account for payment of an obligation,

33 including taxes and insurance premiums;

34  (7) A modification of a requirement for acquiring or

35 maintaining insurance;

36  (8) A modification of an existing condition to advance

37 funds;

38  (9) A modification of a financial covenant; and

39  (10) A modification of the payment amount or schedule

40 resulting from another modification described in this

41 subsection.

42  3. The effect of a mortgage modification not described

43 in subsection 2 of this section is governed by other law.

1   443.924. Pursuant to the authority granted by the

2 federal Electronic Signatures in Global and National
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3 Commerce Act, 15 U.S.C. Section 7002, sections 443.920 to

4 443.925 modify, limit, or supersede such act, 15 U.S.C.

5 Section 7001, et seq., as amended, but do not modify, limit,

6 or supersede 15 U.S.C. Section 7001(c), or authorize

7 electronic delivery of any of the notices described in 15

8 U.S.C. Section 7003(b).

1  443.925. Sections 443.920 to 443.925 apply to a

2 mortgage modification made on or after the effective date of

3 such sections regardless of when the mortgage or the

4 obligation was created.

1  Section B. If any provision of section A of this act

2 or the application thereof to anyone or to any circumstance

3 is held invalid, the remainder of those sections and the

4 application of such provisions to others or other

5 circumstances shall not be affected thereby.

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