Compare versions

--- version:Introduced
+++ version:(document, no version)
@@ -1,61 +1,43 @@
-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
+HB 1657 -- PROTECTION FOR SENIORS AND VETERANS
+SPONSOR: Steinmeyer
+Under this bill, no primary residence owned and occupied by a
+recipient of social security or supplemental security income can
+be subject to attachment, execution, levy, garnishment, lien, or
+forced sale under any legal or equitable process arising from a
+civil judgment or debt the mortgage, tax, insurance, or
+maintenance payments on the residence are made in whole or in
+part with income from social security. However, these exemptions
+do not apply to:
+(1) Property tax liens owed to the state or a political
+subdivision;
+(2) Mortgages or deeds of trust voluntarily executed by the
+homeowner; or
+(3) Federally authorized offsets for child support, alimony, or
+criminal restitution.
+Under this bill, no primary residence owned and occupied by a an
+honorably discharged veteran who is a recipient of veterans'
+benefits can be subject to attachment, execution, levy,
+garnishment, lien , or forced sale under any legal or equitable
+process arising from a civil judgment or debt the mortgage, tax,
+insurance, or maintenance payments on the residence are made in
+whole or in part with income from veterans' benefits. However,
+these exemptions do not apply to:
+(1) Property tax liens owed to the state or a political
+subdivision;
+(2) Mortgages or deeds of trust voluntarily executed by the
+homeowner; or
+(3) Federally authorized offsets for child support, alimony, or
+criminal restitution.
+In any civil proceeding in which a creditor seeks to execute a
+judgment against real property, the court shall, upon claim by
+the debtor or the debtor's representative, hold a hearing to
+determine whether the exemption applies.
+Any creditor, collection agency, or legal entity that knowingly
+initiates or continues with an enforcement action in violation of
+this section will be liable for:
+(1) Actual damages;
+(2) Statutory damages of not less than $2,500 per occurrence;
+and
+(3) Reasonable attorney's fees and court costs.
+The attorney general will have authority to bring civil actions
+for injunctive relief or penalties for violations.