Criminal Forfeitures Under 21 U.S.C. 853 and 18 U.S.C. 1963

Before insuring real property under Civil Forfeiture 21 U.S.C. 853 and 18 U.S.C. 1963, the following documentation must be obtained and reviewed:

 

1.  Certified Copies of the Indictment. You must review the indictment to verify that it requests the forfeiture of the property by an acceptable legal description. Certified copies of the indictment must be recorded in the local county recorderís office.

2.  Certified Copies of the Court Order. Review to verify that it authorizes forfeiture and seizure of the property. Copies should be filed of record.

3.  Proof of Personal Service. All owners and/or lienholders of the property (including spouses with marital or community property rights) who are not executing deeds or releases must be given notice by personal service. Generally, this is accomplished via the process and return receipt. Evidence of the personal service must be filed of record in the local real estate records. Any transaction where personal service does not occur on all the above must be approved in writing by Agents National Title counsel before a commitment or policy may be issued.

4.  Proof of Notice of Publication. Notice of the forfeiture must be published in the local newspaper.

5.  Motion for Final Order of Forfeiture. The United States must file the motion and a subsequent final order of forfeiture must be entered by the court.

6.  Final Order of Forfeiture. This order, entered by the court, must adequately describe and specifically authorize the forfeiture of the real property. The order must be final and non-appealable (as verified by the U.S. Department of Justice or other acceptable party). Certified copies of the Final Order must be recorded in the county recorderís office.

 

In addition to the above, the following requirements must also be met to the satisfaction of the company:

 

1.  The United States must convey the subject property by virtue of a warranty deed warranting the validity of the forfeiture.

2.  The proposed insured must execute an affidavit/acknowledgment attesting that they have been advised the forfeiture is involved in the chain of title.

3.  The defendant/owner must be convicted of a criminal offense and the conviction must be final and non-appealable. This may be verified through the United States Department of Justice or other knowledgeable party.

4.  Obtain verification (preferably by inspection) that no one is in possession of the land (except through the United States).

5.  If the sales price of the property exceeds $100,000, you must call Agents National Title underwriting counsel and/or submit Agents National Titleís Authorization Request (for unusual risks) for written authorization before issuing a commitment or final policy.