Proceedings where real estate has been sold under junior judgment
When someone dies and their property had multiple court judgments against it, and that property was sold under a lower-priority judgment, the person managing the estate files paperwork with the court listing all the judgments and who owes what. The court then notifies the person who bought the property and gives them a chance to pay off the older, higher-priority judgments within three months. If the buyer does not pay those older judgments in time, the property gets sold again — this time free and clear — and the money is divided according to law.
473.443. Proceedings where has been sold under . — 1. If real estate, being or having been bound by the of several s or , has been sold under a junior judgment, the shall file a alleging the fact of the sale, the name of the in the junior judgment, the name of the purchaser, the dates and amounts of the several judgments and attachments, and the names of the persons in whose favor the several judgments were rendered, or such attachments are .
2. The court thereupon shall cause a copy of the petition to be , in the manner provided by or civil , upon the plaintiff in the judgment under which the real estate was sold and the purchaser thereof, together with an that unless to the contrary is shown, at a date by the court, an order be made for the sale of the whole or so much of the real estate as is sufficient to pay the s or attachments.
3. The purchaser of the real estate has the of paying the prior judgments at any time within three months after the date of the of the petition, or, in case of attachments, within the time specified in section 473.360.
4. If the purchaser of the real estate under the junior judgment fails to pay the prior judgment, or judgment upon prior attachments, or both, within the time prescribed in 3 above, the real estate shall be sold in the manner provided by law for the sale of real estate of decedents free from the of the derived from the sale under the junior judgment, and the of the sale shall be according to law.
(RSMo 1939 § 151, A.L. 1955 p. 385 § 164, A.L. 1980 S.B. 637)
Prior revisions: 1929 § 152; 1919 § 151; 1909 § 160
Effective 1-01-81
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Related Missouri laws
Limitations on filing claims
RSMo 473.444
Enforcement of judgment, attachment or execution liens which attached prior to decedent's death
RSMo 473.440
Extension or renewal of encumbrances of assets
RSMo 473.437
Payment of claims not required prior to six months after first publication
RSMo 473.433
Payments of claims and statutory allowances in order of classification
RSMo 473.430
Sale of property under power in will
RSMo 473.457
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.