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What is Missouri’s law regarding excessive or spurious liens, including consequences for recording such a lien?

Missouri

What is Missouri’s law regarding excessive or spurious liens, including consequences for recording such a lien? Please provide the statute and any other relevant authority.

2 replies

Aug 13, 2020

In Missouri the penalties for filing fraudulent liens can be steep, but there are differences between an excessive lien and a purely false lien. Missouri liens require that a "just and true" account of the amount due be included on the lien claim. This means that, if a lien is excessive, it can result in the lien being extinguished as a matter of law. Bremer v. Mohr 478 S.W.2d 14 (1972). It appears however, that if it could be shown that the excessive amount resulted merely from inadvertence or mistake, it may not invalidate the lien claim. With respect to a purely fraudulent lien, the consequences can be criminal. In Missouri, slander of title to property is a misdemeanor. Under Missouri law, a claim of slander of title requires the act to meet a multi-factor test: 1) that the plaintiff has some interest in the property, 2) that there were words published, which were false, 3) that the false words were maliciously published, and 4) that the plaintiff suffered pecuniary loss or injury as a result of the false statement. Kennedy v. Kennedy, 819 S.W.2d 406, 409 (Mo.App.1991). A mechanics lien is the publishing of words, so to the extent that it is maliciously published, not true, and the property owner suffers damages resulting from the filed lien, a slander of title action would likely be appropriate. Slander of title can result in punitive damages, as well as the damages actually incurred. Jeffrey v. Cathers.

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Apr 20, 2023

According to Missouri state law, recording a fraudulent lien is a class D felony, punishable by a fine and imprisonment. The state also allows individuals to seek civil remedies against those who file fraudulent liens, including damages, attorney fees, and costs incurred in removing the lien. In my studies, I researched similar cases and found this source https://studymoose.com/free-essays/law which provides free essays on various legal topics, including Missouri's laws on fraudulent liens. This resource helped me better understand the law's nuances and how it is applied in real-life cases. I would recommend anyone seeking more information on Missouri's laws regarding fraudulent liens consult reputable sources and seek a licensed attorney's advice for any legal matters.

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