381.412.  Settlement agents, accepting funds, exemption — title insurer, deposit of funds — violation, fine. — 1.  A settlement agent who accepts funds of more than two thousand five hundred dollars for closing a real estate transaction shall require a buyer, seller, or lender who is not a financial institution to convey such funds to the settlement agent as certified funds.  A check shall be exempt from the provisions of this section if drawn on:

  (1)  An escrow account of a licensed real estate broker, as regulated and described in section 339.105; or

  (2)  An escrow account of a title insurer or title insurance agency licensed to do business in Missouri; or

  (3)  An agency of the United States of America, the state of Missouri, or any county or municipality of the state of Missouri; or

  (4)  An account by a financial institution.

  2.  It is unlawful for any title insurer, title agency, or title agent, as defined in section 381.009^*, to make any payment, disbursement or withdrawal from an escrow account which it maintains as a depository of funds received from the public for the settlement of real estate transactions unless a corresponding deposit of funds was made to the escrow account for the benefit of the payee or payees:

  (1)  At least ten days prior to such payment, disbursement, or withdrawal; or

  (2)  Which consisted of certified funds; or

  (3)  Consisted of a check made exempt from this section by the provisions of subsection 1 of this section.

  3.  A violation of any provision of this section is a level two violation under section 374.049.