Missouri Laws 513.625 – Relations back of title, when — consequences of conveyance or alienation of ..
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
Terms Used In Missouri Laws 513.625
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Lien: A claim against real or personal property in satisfaction of a debt.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Personal property: All property that is not real property.
- Personal property: includes money, goods, chattels, things in action and evidences of debt. See Missouri Laws 1.020
- Property: includes real and personal property. See Missouri Laws 1.020
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
(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.