Section 513.625

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 513

Effective - 17 Mar 1986, see footnote   

  513.625.  Relations back of title, when — consequences of conveyance or alienation of property after filing of lien notice or petition. — 1.  Upon the entry of a final judgment of forfeiture in favor of the state, the title of the state to the forfeited property shall:

  (1)  In the case of real property or beneficial interest, relate back to the date of filing of the CAFA lien notice in the official records of the county where the real property or beneficial trust is located and, if no CAFA lien notice is filed, then to the date of the filing of any notice of lis pendens under section 527.260 in the official records of the county where the real property or beneficial interest is located and, if no CAFA lien notice or notice of lis pendens is so filed, then to the date of recording of the final judgment of forfeiture in the official records of the county where the real property or beneficial interest is located; and

  (2)  In the case of personal property, relate back to the date the personal property was seized by the investigating agency.

  2.  If property subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a CAFA lien notice or after the filing of a forfeiture petition, whichever is earlier, the investigative agency may, on behalf of the state, institute an action in the appropriate circuit court against the person named in the CAFA lien notice or the defendant in the civil proceeding and the court shall enter final judgment against the person named in the CAFA lien notice or the defendant in the civil proceeding in an amount equal to the fair market value of the property, together with investigative costs and attorney's fees incurred by the investigative agency in the action.  If a civil proceeding is pending, such action shall be filed only in the court where such civil proceeding is pending.

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(L. 1986 S.B. 450 § 12)

Effective 3-17-86