Section 513.645

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 513

Effective - 17 Mar 1986, see footnote   

  513.645.  Termination, release, or renewal of lien notices. — 1.  The term of a CAFA lien notice shall be for a period of six months from the date of filing of the petition.  Said lien notice may be renewed by the investigative agency one time prior to judgment.  After judgment in favor of the investigative agency the CAFA lien notice shall be for a period of six years.  The investigative agency shall be entitled to only one renewal of the CAFA lien notice after judgment.

  2.  The investigative agency filing the CAFA lien notice may release in whole or in part any CAFA lien notice or may release any specific real property or beneficial interest from the CAFA lien notice upon such terms and conditions as it may determine.  Any release of a CAFA lien notice executed by the investigative agency may be filed in the official records of any county.  No charge or fee shall be imposed for the filing of any release of a CAFA lien notice.

  3.  If no civil proceeding has been instituted by the investigative agency seeking a forfeiture of any property owned by the person named in the CAFA lien notice, the acquittal in the criminal proceeding of the person named in the CAFA lien notice or the dismissal of the criminal proceeding shall terminate the CAFA lien notice; and, in such case, the filing of the CAFA lien notice shall have no effect.

  4.  If no civil proceeding is then pending against the person named in a CAFA lien notice, any person named in a CAFA lien notice may institute an action against the investigative agency filing the notice in the county where the notice has been filed seeking a release or extinguishment of the notice; and, in such case:

  (1)  The court shall, upon the motion of such person, immediately enter an order setting a date for hearing, which shall be not less than five nor more than ten days after the suit has been filed.  The order, along with a copy of the complaint, shall be served on the investigative agency within three days after the institution of the suit.  At the hearing, the court shall take evidence on the issue of whether any real property or beneficial interest owned by such person is covered by the CAFA lien notice or otherwise subject to forfeiture under the Missouri CAFA act.  If such person shows by the preponderance of the evidence that the CAFA lien notice is not applicable to him or that any real property or beneficial interest owned by him is not subject to forfeiture under this act^*, the court shall enter a judgment extinguishing the CAFA lien notice or releasing the real property or beneficial interest from the CAFA lien notice;

  (2)  The court shall immediately enter its order releasing from the CAFA lien notice any specific real property or beneficial interest if a sale of the real property or beneficial interest is pending and the filing of the notice prevents the sale of the property or interest; provided, however, that the proceeds resulting from the sale of the real property or beneficial interest shall be deposited into the registry of the court, subject to the further order of the court; and

  (3)  At the hearing set forth in subdivision (1) of this subsection, the court may release from the CAFA lien notice any real property or beneficial interest upon the posting by such person of such security as is equal to the value of the real property or beneficial interest owned by such person.

  5.  In the event a civil proceeding is pending against a person named in a CAFA lien notice, the court, upon motion by said person, may grant the relief set forth herein.

  6.  Upon acquittal or dismissal of a criminal action against a person also named in a CAFA action, the civil action shall be dismissed.

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(L. 1986 S.B. 450 § 17)

Effective 3-17-86

*"This act" (S.B. 450, 1986) contained numerous sections.  Consult Disposition of Sections table for a definitive listing.