Establishes provisions relating to the protection of primary residences for certain persons

SECOND REGULAR SESSION
HOUSE BILL NO. 1657
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE STEINMEYER.
4202H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 513, RSMo, by adding thereto one new section relating to the protection of
primary residences for certain persons, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 513, RSMo, is amended by adding thereto one new section, to be
2 known as section 513.478, to read as follows:
513.478. 1. As used in the section, the following terms mean:
2 (1) "Eligible person":
3 (a) Any resi dent of this state sixty-two years of age or older receiv ing Social
4 Security r etir ement or Supplemental Security Income (SSI) benefits under T itle II or
5 XVI of the Social Security Act; or
6 (b) Any r esident of this state who is an honorably discharged veteran of the
7 Armed For ces of the United States rece iving compensation, pension, or disability
8 benefits administer ed under T itle 38 of the United States Code;
9 (2) "Primary re sidence", the dwelling and contiguous real pr operty owned and
10 occupied by an eligible person as his or her principal home;
11 (3) "Prot ected income", funds derived fro m Social Security benefits or veterans'
12 disability compensation, whether dir ectly r eceived or used to make mortgage or
13 pr operty-r elated payments.
14 2. (1) No primary res idence owned and occupied by an eligible person shall be
15 subject to attachment, execution, levy , garnishment, lien, or for ced sale under any legal
16 or equitable pro cess arising fro m a civil judgment or debt if the mortgage, tax,
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 insurance, or maintenance payments on the primary res idence ar e made in whole or in
18 part with protected income.
19 (2) This exemption shall apply r egardless of the commingling of pr otected funds
20 with other funds, so long as the eligible person can demonstrate, thr ough reas onable
21 documentation, that protect ed income is regul arly applied to the primary r esidence's
22 expenses.
23 (3) The exemption established under this subsection shall be in addition to and
24 independent of any other homestead exemption provi ded under section 513.475 or other
25 law .
26 3. The exemption established under this section shall not apply to:
27 (1) Pr operty tax liens owed to the state or a political subdivision;
28 (2) Mortgages or deeds of trust voluntarily executed by the homeowner; or
29 (3) Federally authorized offsets for child support, alimony , or criminal
30 r estitution.
31 4. (1) In any civil pr oceeding in which a cred itor seeks to execute a judgment
32 against real pro perty , the court shall, upon claim by the debtor or the debtor's
33 r epresent ative, hold a hearing to determine whether the exemption applies.
34 (2) The eligible person shall submit evidence of age, veteran status, and pr oof of
35 pr otected income.
36 (3) Upon finding that the pr operty qualifies for an exemption under this section,
37 the court shall issue an order permanently enjoining any sale, levy , or lien enforcem ent
38 against the r esidence.
39 5. (1) Any credi tor , collection agency , or legal entity that knowingly initiates or
40 continues with an enforcem ent action in violation of this section shall be liable for:
41 (a) Actual damages;
42 (b) Statutory damages of not less than two thousand five hundr ed dollars per
43 occurr ence; and
44 (c) Reasonable attorney's fees and court costs.
45 (2) The attorney general shall have authority to bring civil actions for injunctive
46 r elief or penalties for violations of this section.
✔
HB 1657 2