513.645. Termination, release, or renewal of lien notices. - Missouri Statutes

Termination, release, or renewal of lien notices.

513.645. 1. The term of a CAFA lien notice shall be for aperiod of six months from the date of filing of the petition.Said lien notice may be renewed by the investigative agency onetime prior to judgment. After judgment in favor of theinvestigative agency the CAFA lien notice shall be for a periodof six years. The investigative agency shall be entitled to onlyone renewal of the CAFA lien notice after judgment.

2. The investigative agency filing the CAFA lien notice mayrelease in whole or in part any CAFA lien notice or may releaseany specific real property or beneficial interest from the CAFAlien notice upon such terms and conditions as it may determine.Any release of a CAFA lien notice executed by the investigativeagency may be filed in the official records of any county. Nocharge or fee shall be imposed for the filing of any release of aCAFA lien notice.

3. If no civil proceeding has been instituted by theinvestigative agency seeking a forfeiture of any property ownedby the person named in the CAFA lien notice, the acquittal in thecriminal proceeding of the person named in the CAFA lien noticeor the dismissal of the criminal proceeding shall terminate theCAFA lien notice; and, in such case, the filing of the CAFA liennotice shall have no effect.

4. If no civil proceeding is then pending against the personnamed in a CAFA lien notice, any person named in a CAFA liennotice may institute an action against the investigative agencyfiling the notice in the county where the notice has been filedseeking a release or extinguishment of the notice; and, in suchcase:

(1) The court shall, upon the motion of such person,immediately enter an order setting a date for hearing, whichshall be not less than five nor more than ten days after the suithas been filed. The order, along with a copy of the complaint,shall be served on the investigative agency within three daysafter the institution of the suit. At the hearing, the courtshall take evidence on the issue of whether any real property orbeneficial interest owned by such person is covered by the CAFAlien notice or otherwise subject to forfeiture under the MissouriCAFA act. If such person shows by the preponderance of theevidence that the CAFA lien notice is not applicable to him orthat any real property or beneficial interest owned by him is notsubject to forfeiture under this act*, the court shall enter ajudgment extinguishing the CAFA lien notice or releasing the realproperty or beneficial interest from the CAFA lien notice;

(2) The court shall immediately enter its order releasingfrom the CAFA lien notice any specific real property orbeneficial interest if a sale of the real property or beneficialinterest is pending and the filing of the notice prevents thesale of the property or interest; provided, however, that theproceeds resulting from the sale of the real property orbeneficial interest shall be deposited into the registry of thecourt, subject to the further order of the court; and

(3) At the hearing set forth in subdivision (1) of thissubsection, the court may release from the CAFA lien notice anyreal property or beneficial interest upon the posting by suchperson of such security as is equal to the value of the realproperty or beneficial interest owned by such person.

5. In the event a civil proceeding is pending against aperson named in a CAFA lien notice, the court, upon motion bysaid person, may grant the relief set forth herein.

6. Upon acquittal or dismissal of a criminal action againsta person also named in a CAFA action, the civil action shall bedismissed.

(L. 1986 S.B. 450 § 17)

Effective 3-17-86

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