408.015. Definitions. — As used in sections 408.020 to 408.562:
(1) "Bank" shall mean bank, trust company, or bank and trust company;
(2) "Business loan" shall mean a loan to an individual or a group of individuals, the proceeds of which are to be used in a business or for the purpose of acquiring an interest in a business. The term shall also include a loan to a trust, estate, cooperative, association, or limited or general partnership;
(3) "Corporation" shall mean any corporation, whether for profit or not for profit, and including any urban redevelopment corporation;
(4) "Lender" shall include any bank, savings and loan association, credit union, corporation, partnership, or any other person or entity who makes loans or extends credit;
(5) "Monthly Index of Long Term United States Government Bond Yields" shall mean the monthly unweighted average yield for all outstanding United States Treasury bonds neither due nor callable in less than ten years, based on the daily closing bid prices in the over the counter market, as determined by the Board of Governors of the Federal Reserve System, published in the Federal Reserve Bulletin, and expressed in terms of percent per annum;
(6) "Residential real estate" shall mean any real estate used or intended to be used as a residence by not more than four families, one of whom is the borrower, including a manufactured home as defined in section 700.010, which is real estate as defined in subsection 7 of section 442.015;
(7) "Residential real estate loan" shall mean a loan made for the acquisition, construction, repair, or improvement of, or secured by, residential real estate. The term shall also include any loan made to refinance such a loan. No loan secured by residential real estate shall be considered to be a business loan unless such loan meets the requirements of subdivision (2) of this section and subdivision (2) of section 408.035.
Notes of Decisions
State ex rel. Crist v. Nationwide Fin. Corp. of Missouri, 588 S.W.2d 8 (Mo. Ct. App. 1979).
· cites it 8× “(Emphasis added) Section 408.015 Definitions. ****** (6) “Residential real estate loan” shall mean a loan made for the acquisition, construction, repair, or improvement of the real estate used or intended to be used as a residence by not more than four families.”
Lincoln Credit Co. v. Peach, 636 S.W.2d 31 (Mo. 1982).
“) while the title to the Senate Bill 305 actually passed is as follows: An Act [t]o repeal sections 408.015, 408.020, 408.030, 408.031, 408.”
Wilner v. O'donnell, 637 S.W.2d 757 (Mo. Ct. App. 1982).
· cites it 3× ““Business loan” is defined in § 408.015(2) RSMo Supp. 1975 as “a loan to an individual or a group of individuals, the proceeds of which are to be used in a business.”
Pac. Carlton Dev. Corp. v. Barber, 95 S.W.3d 159 (Mo. Ct. App. 2003).
· cites it 3× “The notes stated that the proceeds were for business purposes and that the loan was a business loan pursuant to §§ 408.015(2) 1 and 408.035 RSMo. 2 Principal and interest on each note was due on October 19, 2000.”
Est. of Bruce v. Bruce, 767 S.W.2d 598 (Mo. Ct. App. 1989).
· cites it 3× “The same definition is given in § 408.015(2) RSMo 1986.”
— Mo. Rev. Stat. § 408.015(2) — 4 cases
Pac. Carlton Dev. Corp. v. Barber, 95 S.W.3d 159 (Mo. Ct. App. 2003).
“The notes stated that the proceeds were for business purposes and that the loan was a business loan pursuant to §§ 408.015(2) 1 and 408.035 RSMo. 2 Principal and interest on each note was due on October 19, 2000.”
Est. of Bruce v. Bruce, 767 S.W.2d 598 (Mo. Ct. App. 1989).
“The same definition is given in § 408.015(2) RSMo 1986.”
Wilner v. O'donnell, 637 S.W.2d 757 (Mo. Ct. App. 1982).
““Business loan” is defined in § 408.015(2) RSMo Supp. 1975 as “a loan to an individual or a group of individuals, the proceeds of which are to be used in a business.”
State ex rel. Crist v. Nationwide Fin. Corp. of Missouri, 588 S.W.2d 8 (Mo. Ct. App. 1979).
“(Emphasis added) Section 408.015 Definitions. ****** (6) “Residential real estate loan” shall mean a loan made for the acquisition, construction, repair, or improvement of the real estate used or intended to be used as a residence by not more than four families.”
— Mo. Rev. Stat. § 408.015(6) — 2 cases
State ex rel. Crist v. Nationwide Fin. Corp. of Missouri, 588 S.W.2d 8 (Mo. Ct. App. 1979).
“(Emphasis added) Section 408.015 Definitions. ****** (6) “Residential real estate loan” shall mean a loan made for the acquisition, construction, repair, or improvement of the real estate used or intended to be used as a residence by not more than four families.”
Wilner v. O'donnell, 637 S.W.2d 757 (Mo. Ct. App. 1982).
““Business loan” is defined in § 408.015(2) RSMo Supp. 1975 as “a loan to an individual or a group of individuals, the proceeds of which are to be used in a business.”
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