Opinion No. (1985)

Dear Representative Ribaudo:

This letter is in response to your request for an opinion of this office asking the following question:

How do you effect a partial release on a Deed of Trust with a future advance clause when no note is presented at the time of original record and the law on partial release requires a note to be presented?

The elaborate statute relating to deeds of trust containing future advances or obligations clauses, § 443.055, RSMo includes these provisions:

2. Instruments [e.g., mortgage or deed of trust] may secure future advances or other future obligations of a borrower to a…