513.640. Lien notices, effect of filing. - Missouri Statutes

Lien notices, effect of filing.

513.640. 1. Upon the institution of a civil forfeitureproceeding or, if no civil suit has been instituted, upon thereturn of an indictment or filing of an information of a crimewhich may constitute criminal activity as defined in section513.605, the investigative agency then or at any time during thependency of the proceeding may file in the official records ofany one or more counties a CAFA lien notice. No filing fee orother charge shall be required as a condition for filing the CAFAlien notice. The recorder of deeds shall, upon the presentationof a CAFA lien notice, immediately record it in the officialrecords.

2. The CAFA lien notice shall be signed by the attorneygeneral or his designee or by a prosecuting or circuit attorneyor his designee. The notice shall be in such form as theattorney general prescribes and shall set forth the followinginformation:

(1) The name of the person against whom the civil proceedinghas been brought. The investigative agency may also name in theCAFA lien notice any other aliases, names, or fictitious namesunder which the person may be known. The investigative agencymay also name in the CAFA lien notice any corporation,partnership, or other entity that is either controlled by orentirely owned by the person;

(2) If known to the investigative agency, the presentresidence and business addresses of the person named in the CAFAlien notice and of the other names set forth in the CAFA liennotice;

(3) A reference to the civil proceeding stating that aproceeding under this act* has been brought against the personnamed in the CAFA lien notice, the name of the county or countieswhere the proceeding has been brought, and, if known to theinvestigative agency at the time of filing the CAFA lien notice,the case number of the proceeding;

(4) A statement that the notice is being filed pursuant tothis act*; and

(5) The name and address of the investigative agency filingthe CAFA lien notice and the name of the individual signing theCAFA lien notice.

3. A CAFA lien notice shall apply only to one person and, tothe extent applicable, any aliases, fictitious names, or othernames, including names of corporations, partnerships, or otherentities. A separate CAFA lien notice shall be filed for anyother person against whom the investigative agency desires tofile a CAFA lien notice under this section.

4. The investigative agency shall, as soon as practicableafter the filing of each CAFA lien notice, furnish to the personnamed in the notice either a copy of the recorded notice or acopy of the notice with a notation thereon of the county orcounties in which the notice has been recorded. The failure ofthe investigative agency to so furnish a copy of the notice underthis subsection shall not invalidate or otherwise affect thenotice.

5. The filing of a CAFA lien notice creates, from the timeof its filing, a lien in favor of the state on the followingproperty of the person named in the notice and against any othernames set forth in the notice:

(1) Any real property situated in the county where thenotice is filed then or thereafter owned by the person; and

(2) Any beneficial interest situated in the county where thenotice is filed then or thereafter owned by the person.

6. The lien shall commence and attach as of the time offiling of the CAFA lien notice and shall continue thereafteruntil expiration, termination, or release. The lien created infavor of the state shall be superior and prior to the interest ofany other person in the real property or beneficial interest ifthe interest is acquired subsequent to the filing of the notice.

7. In conjunction with any civil proceeding:

(1) The investigative agency may file without prior courtorder in any county a lis pendens and, in such case, any personacquiring an interest in the subject real property or beneficialinterest subsequent to the filing of lis pendens shall take theinterest subject to the civil proceeding and any subsequentjudgment of forfeiture; and

(2) If a CAFA lien notice has been filed, the investigativeagency may name as defendants, in addition to the person named inthe notice, any persons acquiring an interest in the realproperty or beneficial interest subsequent to the filing of thenotice. If a judgment of forfeiture is entered in the proceedingin favor of the state, the interest of any person in the propertythat was acquired subsequent to the filing of the notice shall besubject to the notice and judgment of forfeiture.

8. (1) A trustee who acquires actual knowledge that a CAFAlien notice or a civil proceeding under sections 513.600 to513.645 has been filed against any person for whom he holds legalor record title to real property shall immediately furnish to theinvestigative agency the following:

(a) The name and address of the beneficiary against whoseinterest the CAFA lien notice or the CAFA proceeding has beenfiled, as known to the trustee;

(b) The name and address, as known to the trustee, of allother persons for whose benefit the trustee holds title to thereal property; and

(c) A copy of the trust agreement or other instrumentpursuant to which the trustee holds legal or record title to thereal property;

(2) Any trustee who fails to comply with the provisions ofthis subsection is guilty of a class C misdemeanor.

9. Any trustee who conveys title to real property for whicha CAFA lien notice has been filed at the time of the conveyancein the county where the real property is situated naming a personwho, to the actual knowledge of the trustee, holds a beneficialinterest in the trust shall be liable to the state for thegreater of:

(1) The amount of proceeds received directly by the personnamed in the CAFA lien notice as a result of the conveyance;

(2) The amount of proceeds received by the trustee as aresult of the conveyance and distributed to the person named inthe CAFA lien notice; or

(3) The fair market value of the interest of the personnamed in the CAFA lien notice in the real property so conveyed;however, if the trustee conveys the real property and holds theproceeds that would otherwise be paid or distributed to thebeneficiary or at the direction of the beneficiary or hisdesignee, the trustee's liability shall not exceed the amount ofthe proceeds so held for so long as the proceeds are held by thetrustee.

10. The filing of a CAFA lien notice shall not constitute alien on the record title to real property as owned by the trusteeexcept to the extent the trustee is named in the CAFA liennotice. The investigative agency may bring a civil proceeding inany circuit court against the trustee to recover from the trusteethe amounts set forth in subsection 9 of this section, and thestate shall also be entitled to recover investigative costs andattorney's fees incurred by the investigative agency.

11. The filing of a CAFA lien notice shall not affect theuse to which real property or a beneficial interest owned by theperson named in the CAFA lien notice may be put or the right ofthe person to receive any avails, rents, or other proceedsresulting from the use and ownership, but not the sale, of theproperty until a judgment of forfeiture is entered.

12. (1) The provisions of this section shall not apply toany conveyance by a trustee pursuant to a court order unless suchcourt order is entered in an action between the trustee and thebeneficiary;

(2) Unless the trustee has actual knowledge that a personowning a beneficial interest in the trust is named in a CAFA liennotice or is otherwise a defendant in a civil proceeding, theprovisions of this section shall not apply to:

(a) Any conveyance by a trustee required under the terms ofany trust agreement, which trust agreement is a matter of publicrecord prior to the filing of any CAFA lien notice; or

(b) Any conveyance by a trustee to all of the persons whoown a beneficial interest in the trust.

13. All forfeitures or dispositions under this section shallbe made with due provision for the rights of innocent persons.

(L. 1986 S.B. 450 § 16)

Effective 3-17-86

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