516.150. No action to foreclose mortgage after note barred. — No suit, action or proceeding under power of sale to foreclose any mortgage or deed of trust, to secure any obligation to pay money or property, shall be had or maintained after such obligation has been barred by the statutes of limitation of this state; nor in any event after the lapse of twenty years from the date at which the last maturing obligation secured by the instrument sought to be foreclosed is due on the face of such instrument, unless such termination of said period falls within two years after the passage of this section, or has heretofore happened, in which event such suit, action or proceeding may be begun within two years after the passage of this section without regard to the date of the instrument or the maturity of the obligation, unless otherwise barred under the provisions of the general statutes of limitation, unless before the lapse of said twenty years the owner of the debt thereby secured or some person for him shall file an affidavit duly verified, or file an instrument in writing acknowledged as deeds are required to be acknowledged in order to entitle them to record in this state, showing the amount due and owing thereon.
Notes of Decisions
Belote v. McLaughlin, 673 S.W.2d 27 (Mo. 1984).
· cites it 12× “32(a) from collecting the amount due on the note because any action, judicial or non-judicial, for that amount was required to have been pleaded as a counterclaim in the prior suit for damages; that the counterclaim requirement is similar in effect to the bar on foreclosure…”
Sabine v. Leonard, 322 S.W.2d 831 (Mo. 1959).
· cites it 4× “The period of limitations on a promissory note is ten years. Section 516.110. Also, if recovery on a note has been barred by the statute, the right to foreclose a deed of trust securing the same is also barred.”
Sansone v. Sansone, 586 S.W.2d 87 (Mo. Ct. App. 1979).
· cites it 13× “Appellants rely on the first clause of § 516.150 RSMo 1978 which is as follows: “No suit, action or proceeding under power of sale to foreclose any mortgage or deed of trust, to secure any obligation to pay money or property, shall be had or maintained after such obligation has…”
Corrales v. Murwood, Inc., 232 S.W.3d 609 (Mo. Ct. App. 2007).
· cites it 6× “110, section 516.150 states that “[n]o suit, action or proceeding under power of sale to foreclose any mortgage or deed of trust, to secure any obligation to pay money or property, shall be had or maintained after such obligation has been barred by the statutes of limitation of…”
Payne v. Mudd, 126 S.W.3d 787 (Mo. Ct. App. 2004).
· cites it 2× “that the services being rendered to Payne at the time of her alleged injury constituted health care services by a health care provider which made Section 516.150 applicable. The trial court sustained the motion to dismiss and dismissed Payne’s petition with prejudice, This…”
In Re Hall, 265 B.R. 435 (Bankr. W.D. Mo. 2001).
· cites it 4× “Mo.Rev.Stat. § 516.150. Thus, in Missouri, “[t]he period of limitations on a promissory note is ten years.”
Oehler v. Philpott, 263 S.W.2d 201 (Mo. 1953).
· cites it 2× “* * * In 1891, the legislature enacted the original statute of what is now Section 516.150. This act was substantially the same as the first clause of the present section.”
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