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Retention Schedules

October 2006   

Recorder of Deeds Records Retention Schedule

See also the General Records Retention Schedule.

Using this Records Retention Schedule

Everyday local government offices throughout Missouri produce records that document the rights of citizens, the actions of the government that serves them and the history of the community in which they live. It is the responsibility of local government to effectively maintain and manage these records and to ensure the continued preservation of those records of essential evidence that have enduring and permanent value.

The introduction to this retention schedule provides local government officials with basic information on records and the application of retention schedules.


What is a Record?
A " record " is defined as any "document, book, paper, photograph, map, sound recording or other material, regardless of physical form or characteristics, made or received pursuant to law or in connection with the transaction of official business" (109.210(5) RSMo). This definition includes those records created, used and maintained in electronic form.


Non-Records
 Even though records include a broad spectrum of recorded information, not all recorded information is a record. According to Section 109.210(5) RSMo, the following are not records: "...Library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included within the definition of records..."

Other examples of non-records include the following materials:

Non-records do not require retention scheduling or destruction authorization or reporting. To control excessive accumulation, it is necessary to keep only current, useful materials and to destroy non-records immediately after needs have been satisfied. Avoid filing non-record material with records.


The Value of Local Government Records
 Some records, because of their enduring administrative, fiscal, legal or historical value, should be permanently retained. These records require that special care and consideration be given to their storage conditions and the feasibility of preservation microfilming. Examples of permanent records include year-end reports; minutes; property records such as deeds; and birth, death and marriage records.

Most records do not have values that warrant their permanent preservation. Those records with short-term value should, upon reaching end of the retention period, be destroyed.


Statutory Authority for Establishing Records Retention Requirements
 In 1965, the Missouri General Assembly established a State Records Commission to approve retentions for records produced by state agencies. In 1972, Missouri's Business and Public Records Law (Chapter 109) was expanded to include local government. Thus, the Missouri Local Records Board was established to set retention times for local government records. The 16-member board, chaired by the Secretary of State, consists of local government officials from all classes of counties and cities, elementary and secondary education, higher education and a person active in historical society groups.

Supplemental to the Local Records Board, the Records Management and Archives Service of the Secretary of State's office provides assistance to local governments and implements board policy.


Application of the Records Retention Schedule
 This schedule establishes minimum retention periods and authorizes dispositions for many of the administrative, fiscal and legal records common to most local governments. Retention periods are based upon federal and state mandates, record surveys, business needs, and general knowledge as to how long records should be kept. Using the schedule as a guide and without seeking further approval from the Local Records Board, any local government may regularly dispose of any of its records that appear on this schedule. The schedule is subject to the following exceptions and limitations:

  1. Local government offices may retain any of their records beyond the retention periods set by the schedule, as they deem necessary. The schedule establishes only a minimum period of retention. Before retaining a record longer than the minimum time required, however, the office should be certain that it has good reason to do so. Unnecessary retention of records can be expensive in space and filing equipment and may expose the office to costly litigation and discovery requirements.
  2. This schedule does not relieve local governments of retention requirements mandated by other state and federal statutes and regulations. When such an obligation does exist, then the longer retention period takes precedence.
  3. This schedule generally reflects audit requirements in its prescribed retention periods, but audits are not always completed in a timely fashion. Therefore, any record required for an audit must be retained until completion of that audit, regardless of its stated retention period in the schedule.
  4. This schedule does not authorize destruction of records that could be deemed relevant to current or pending litigation.

Retention and disposition of records that are common to many offices are included in the General Schedule. Records unique to particular offices are addressed in individual office schedules. All schedules are available on the Secretary of State's website at http://www.sos.mo.gov/archives/localrecs/schedules .


Destruction of Records
 The records classification and retention periods in this manual constitute legal authority for retention and disposal of official records. No records can be destroyed until they meet the minimum retention period listed in this manual. In cases where there is no schedule for a particular record series, the Local Records Board must grant permission for the destruction.

The disposition of records should be recorded in a document such as the minutes of the city council or other legally constituted authority that has permanent record status. The record should include the description and quantity of each record series disposed of, manner of destruction, inclusive dates covered and the date on which destruction was accomplished.

The retention schedule does not prescribe the method of destruction (shredding, burning, landfills, etc.), however, record series with a disposition of Destroy securely contain confidential data. These records should be destroyed under the supervision of a competent person(s) designated (or appointed) to ensure that no records fall into unauthorized hands and that the data cannot be reconstructed.


Preservation of Permanent Records
 A fundamental, yet often neglected obligation of local government is to care for its permanent records-in this case, some of the records that it generates and receives. The records that have been identified as permanent require special handling and storage if they are to be preserved. The continuous interaction between a record's medium-paper, magnetic tape, film, etc. -and the quality of the environment in which it is kept-temperature, humidity, light, and air-determines the severity and rate of its deterioration.

By microfilming older, deteriorating, but permanently valuable records, local governments can generate durable copies for research and prevent further damage or deterioration of the original. When filmed, processed, and maintained to archival specifications, the master negative will ensure that permanently valuable records are preserved for generations to come.

The Missouri Local Records Grant program can provide financial assistance in the form of grants-in-aid to supplement local funds for preservation initiatives, such as archival supplies, shelving and preservation microfilming.


A Note about Electronic Records
 Permanent records that exist solely in electronic form (CDs, magnetic tape, floppy disks, hard drives, etc.) are in danger of becoming inaccessible. Media decay, hardware and software obsolescence are real threats to the continued preservation and accessibility of essential records. Periodic migration and transfer to a stable preservation media such as microfilm must be implemented if local government is to fulfil its statutory responsibility for maintaining permanent records.


Modifications and Additions
 Because records reflect activities that are constantly changing, the retention requirements for them sometimes require revision as well. Consequently, records retention and disposition schedules often need modification or additions in order to be realistic and effective. Furthermore, because local governments are so large, it is impractical to consult with every office regarding specific schedule entries. There may be some retention periods and disposition requirements within this schedule that fail to account for all relevant factors and there may be some important record series not addressed here which need to be added. The Local Records Program welcomes all comments and suggestions concerned with improvement of record retention schedules through modifications and additions.

For further information on any records management or preservation issue, please contact:

Missouri Secretary of State
Local Records Preservation Program
PO Box 1747, Jefferson City, MO 65101-1747
Telephone: (573) 751-9047
Fax: (573) 526-3867

Recorder of Deeds Records Retention Schedule

See also the General Records Retention Schedule.

014.001

Chattel Mortgages

Description:

Document detailing a lien against personal property. UCCs, commonly called financing Statements, have replaced chattel mortgages. Information include may include debtor's name and address, secured party, filing date, time, number, and officer, types of property covered, signature of party and signature of clerk

Also Called:

Minimum Retention:

Destroy in current area

Disposition:

Destroy

 

014.002

Chattel Mortgages, Indexes to

Description:

A finding aid for liens on personal property. Information may include name of debtor, date of personal debt, date of maturity, character of debt, and description of personal property pledged.

Also Called:

Minimum Retention:

Destroy in current area

Disposition:

Destroy

 

014.003

Chattel Mortgages, Release of

Description:

Document releasing a lien against personal property; verifies full payment and satisfaction or cancellation of chattel mortgage.

Also Called:

Acknowledges Releases of Chattel Mortgages; Full Release of Chattel Mortgage

Minimum Retention:

Destroy in current area

Disposition:

Destroy

 

014.004

Deeds

Description:

Documents real property transactions plus infrequent entries involving personal property. Information includes grantor, grantee, location and description of land, monetary consideration, encumbrances (if any), signature of grantor, notary, and witnesses (or facsimiles thereof). Date recorded, and plates (where applicable).

Also Called:

Minimum Retention:

Permanent

Disposition:

Archive. Microfilm for security.

 

014.005

Deeds, Grantor and Grantee Index to

Description:

A finding aid to instruments in the deeds book series. Information includes name of grantee and grantor, book and page number where document is recorded, day and year of execution, month day and year of recording, number of acres or lots and a description of the land.

Also Called:

Direct and Indirect Index to Deeds; Numerical Indexes

Minimum Retention:

Permanent

Disposition:

Archive. Microfilm for security.

 

014.006

Fee Records

Description:

Record of fees received for filings in the Recorder of Deeds Office. Information may include the instrument number, type of document, date entered, from whom received, where recorded, services, fee amount, disbursement of fees, and date paid.

Also Called:

Abstract of Fees (Daybook); Abstract of Fees Earned (Daybook); Ledger Book of Fees Received; Recorder's file; 12 Month Files (obsolete)

Minimum Retention:

Completion of audit

Disposition:

Destroy

 

014.007

Home Schooling Record

Description:

RSMo 167.042 gives parents the discretion to file home schooling plans with the Recorder of Deeds. There is no standard format or information content as of 08/15/2000.

Also Called:

Minimum Retention:

Permanent

Disposition:

Archive.

 

014.008

Liens, Federal and State Tax

Description:

Records liens placed by the government on specific property to secure payment of back taxes on that property or on property in general to secure payment of back taxes. Name of taxpayer, address, collectors serial no., filing date and time, amount tax assessed, additional penalty, certificate of discharge of tax lien filed.

Also Called:

Minimum Retention:

10 years after satisfaction or termination

Disposition:

Destroy

 

014.009

Liens, Mechanic's

Description:

Records lien imposed upon property to secure payment for work or materials used in construction or repair of property. Information may include names, amount due, legal descriptions, and itemized statements.

Also Called:

Minimum Retention:

Permanent

Disposition:

Archive

 

014.010

Marriage Applications

Description:

Instrument used by individuals to apply for a marriage license. Information may include names, social security numbers, ages, addresses, names of parents or guardians consenting, and affidavits. May also include health certificates and blood tests, which are no longer required.

Also Called:

Minimum Retention:

Permanent. Blood tests and health certificates may be destroyed in current area.

Disposition:

Archive. Microfilm for preservation. Social Securi

 

014.011

Marriage Licenses

Description:

Information may include license number, names, addresses, date of license, endorsement of party performing ceremony.

Also Called:

Minimum Retention:

Permanent

Disposition:

Archive. Microfilm for preservation.

 

014.012

Marriage Licenses, Index to

Description:

A finding aid to instruments in the marriage license series. Information may include names of bride and groom, date of license, and license number.

Also Called:

Minimum Retention:

Permanent

Disposition:

Archive. Microfilm for preservation.

 

014.013

Marriage Record

Description:

Information may include license number, names, ages, parents affidavits, certificate of marriage, book and page number.

Also Called:

Marriage License Book

Minimum Retention:

Permanent

Disposition:

Archive. Microfilm for security.

 

014.014

Military Service Record

Description:

Official service record of military personnel after discharge. Information may include name, rank, serial number, physical description, social security number, birth date, date of induction, service record, reason for discharge, certificate of release.

Also Called:

Discharge records; Soldiers and Sailors Record

Minimum Retention:

Permanent

Disposition:

Archive. Microfilm for preservation.

 

014.015

Miscellaneous Records

Description:

Various instruments filed with the Recorder of Deeds. These include but are not limited to: charters, contracts, options, agreements, powers of attorney, covenants, articles of association, articles of mergers between corporations, notices of forthcoming mergers, assignments of contract to mortgages, limited partnership agreements, and notices of intent to petition.

Also Called:

Minimum Retention:

Permanent

Disposition:

Archive. Microfilm optional.

 

014.016

Miscellaneous Records, Index to

Description:

A finding aid to instruments in the miscellaneous record series. Information includes name of party, book and page number.

Also Called:

Minimum Retention:

Permanent

Disposition:

Archive. Microfilm optional.

 

014.017

Monthly Report of Fees Collected

Description:

Report summarizing the monthly activities of the Recorder's office and fees received. Submitted to the county commission.

Also Called:

Minimum Retention:

Completion of audit

Disposition:

Destroy

 

014.018

Mortgages and Satisfactions of Real Estate

Description:

Records the transfer of property serving as a security for a debt. Becomes void when the debt is paid according to the terms of the mortgage. Information includes name of mortgagor and mortgagee, description of the property, date of instrument, date of recording and satisfaction of mortgage (where applicable).

Also Called:

Minimum Retention:

Permanent

Disposition:

Archive. Microfilm optional.

 

014.019

Mortgagor and Mortgagee Index to Real Estate Mortgages

Description:

A finding aid to instruments in the real estate mortgage book series. Information includes name of mortgagee and mortgagor, book and page number where document is recorded, and the date.

Also Called:

Minimum Retention:

Permanent

Disposition:

Archive. Microfilm optional.

 

014.020

Naturalization Records

Description:

Records used to confer citizenship upon an individual who was not a citizen. Information may include name, date & place of birth, occupation, emigration information, declaration of intention, petition for citizenship, supporting papers, and witness affidavits.

Also Called:

Certificate of naturalization

Minimum Retention:

Permanent

Disposition:

Archive. Microfilm for preservation.

 

014.021

Planning and Zoning Regulations

Description:

Guidelines issued by a commissioned board establishing regulations to control real estate and property development.

Also Called:

Minimum Retention:

Permanent

Disposition:

Archive. Microfilm optional.

 

014.022

Plats

Description:

Documents the legal survey and mapping of lands for grants and conveyances. Information includes location, boundaries and divisions, date of survey, certificate of surveyor, scale, property owners, date of recording, and plat.

Also Called:

Minimum Retention:

Permanent

Disposition:

Archive. Microfilm for security.

 

014.023

Plats, Index to

Description:

A finding aid to plats. Information includes name of owner and surveyor, date filed, date surveyed, volume and page number, property location, description, map number.

Also Called:

Minimum Retention:

Permanent

Disposition:

Archive. Microfilm for security.

 

014.024

Surveyor's Records

Description:

Records detailing the measurement of the boundaries of parcels of land, its area and topography. Surveyor records are often housed in the recorder's office; all permanent documents are to be turned over to the County Recorder of Deeds when the County Surveyor leaves office.

Also Called:

Minimum Retention:

Permanent

Disposition:

Archive

 

014.025

Transfer lists

Description:

A daily list of land transactions. Provided to the assessor for update of land records. Information may include names of the grantor, grantee, legal description, township, where recorded and date.

Also Called:

Land Lists

Minimum Retention:

Destroy in current area

Disposition:

Destroy

 

014.026

Uniform Commercial Code Financing Statements

Description:

Original papers recording liens on personal property under the Uniform Commercial Code adopted for Missouri. These replace chattel mortgages. Information includes file number, debtor's name and address, secured party, filing date, time, number, and officer, types of property covered, signature of party and signature of clerk.

Also Called:

Minimum Retention:

Recorders accept UCC filings that are attached only to real estate, which records are retained permanently.  Effective July 1, 2001, all UCC filings, except real estate related fixture filings, are filed at the Secretary of State's Office.  RSMo 400.9-710 stipulates that after June 30, 2008, each Recorder may remove and destroy all former article 9 records including the related index.

Disposition:

Destroy

 

014.027

Uniform Commercial Code Financing Statements, Index to

Description:

A finding aid for liens on personal property under the Uniform Commercial Code adopted for Missouri. Information includes name of debtor, date of personal debt, date of maturity, character of debt, and description of personal property pledged.

Also Called:

Minimum Retention:

Recorders accept UCC filings that are attached only to real estate, which records are retained permanently.  Effective July 1, 2001, all UCC filings, except real estate related fixture filings, are filed at the Secretary of State's Office.  RSMo 400.9-710 stipulates that after June 30, 2008, each Recorder may remove and destroy all former article 9 records including the related index.

Disposition:

Destroy

 

014.028

Will Record

Description:

Last recorded will and testament of an individual. The original will is removed from the safekeeping file and filed with all other pleadings if a probate case is actually filed. May include will & will copies, parties names, proof of will, date recorded, signature, certificate of probate, affidavits, acknowledgements, and letters of administration.

Also Called:

Record of Wills; Will Register

Minimum Retention:

Permanent

Disposition:

Archive. Microfilm for preservation.