Section 473.443

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

Effective - 01 Jan 1981, see footnote   

  473.443.  Proceedings where real estate has been sold under junior judgment. — 1.  If real estate, being or having been bound by the liens of several judgments or attachments, has been sold under a junior judgment, the personal representative shall file a petition alleging the fact of the sale, the name of the plaintiff in the junior judgment, the name of the purchaser, the dates and amounts of the several judgments and attachments, and the names of the persons in whose favor the several judgments were rendered, or such attachments are prosecuted.

  2.  The court thereupon shall cause a copy of the petition to be served, in the manner provided by statute or civil rule, upon the plaintiff in the judgment under which the real estate was sold and the purchaser thereof, together with an order that unless good cause to the contrary is shown, at a date fixed by the court, an order will be made for the sale of the whole or so much of the real estate as is sufficient to pay the prior judgments or attachments.

  3.  The purchaser of the real estate has the privilege of paying the prior judgments at any time within three months after the date of the service of the petition, or, in case of attachments, within the time specified in section 473.360.

  4.  If the purchaser of the real estate under the junior judgment fails to pay the prior judgment, or judgment upon prior attachments, or both, within the time prescribed in subsection 3 above, the real estate shall be sold in the manner provided by law for the sale of real estate of decedents free from the encumbrance of the title derived from the sale under the junior judgment, and the proceeds of the sale shall be disposed of according to law.

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(RSMo 1939 § 151, A.L. 1955 p. 385 § 164, A.L. 1980 S.B. 637)

Prior revisions: 1929 § 152; 1919 § 151; 1909 § 160

Effective 1-01-81