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RSMo 473.387effective 01 Jan 1981

Secured claims

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In plain English

When someone is owed money by a person who died, and that debt is backed by collateral (like a house or car), the creditor must describe that collateral when filing their claim. The claim gets listed for the full amount owed, just like if there were no collateral. The creditor can give up the collateral and get paid from the estate's money, but nobody can force the creditor to give up the collateral until the full debt is paid. If the creditor keeps the collateral, the payout from the estate is reduced by the value of that collateral.

Word-for-word law

473.387. Secured — surrender of — payment. — When a holds any security for his , the security shall be described in the claim. If the claim is secured by a , , or other which has been or filed for , it is sufficient to describe the lien by date, and refer to the volume, page and place of or and the names of . The claim shall be allowed in the same amount as if it were and the allowing it shall describe the security. The creditor may surrender his security and be paid out of the of the . Nothing in this law shall be to the creditor to surrender his security until he receives payment of his debt in full or he is paid the value of the security. Payment of the claim shall be upon the basis of the full amount allowed if the creditor surrenders his security; otherwise payment shall be upon the basis of one of the following:

(1) If the creditor before receiving payment, then upon the basis of the full amount of the claim less the amount realized upon exhausting the security;

(2) If the creditor has not exhausted or does not have the right to exhaust his security, then upon the basis of the full amount of the claim less the value of the security determined by the same into money according to the terms of the agreement which the security was delivered to the creditor, or by the creditor and by agreement, , , or .

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Source & history notes

(L. 1955 p. 385 § 147, A.L. 1980 S.B. 637) Effective 1-01-81 (1961) Where parties to divorce suit entered into property settlement which provided for the payment of the attorneys for both parties, the claim for the attorney fees upon the death of one of the parties to the divorce action who signed the agreement could be established in the probate court. Yonke v. Albert's Estate (A.), 351 S.W.2d 794.

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RSMo 473.387: Secured claims | KnowMo Laws