513.625. Relations back of title, when--consequences of conveyance or alienation of property after filing of lien notice or petition.

MISSOURI STATUTES AND CODES

513.625. Relations back of title, when--consequences of conveyance or alienation of property after filing of lien notice or petition.

Relations back of title, when--consequences of conveyance oralienation of property after filing of lien notice or petition.

513.625. 1. Upon the entry of a final judgment offorfeiture in favor of the state, the title of the state to theforfeited 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 theofficial records of the county where the real property orbeneficial trust is located and, if no CAFA lien notice is filed,then to the date of the filing of any notice of lis pendens undersection 527.260, RSMo, in the official records of the countywhere the real property or beneficial interest is located and, ifno CAFA lien notice or notice of lis pendens is so filed, then tothe date of recording of the final judgment of forfeiture in theofficial records of the county where the real property orbeneficial interest is located; and

(2) In the case of personal property, relate back to thedate the personal property was seized by the investigatingagency.

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