Forfeitures Under State Law

Many states provide for forfeiture of real estate for criminal acts, such as racketeering. Before insuring property where state forfeiture appears back in the chain of title, call Agents National Title underwriting counsel.


Among other matters, we will need to consider whether there has been personal service on all owners and/or lienholders, the type and finality of the forfeiture, specific state laws regarding the forfeiture of real property, and the authority of the state or authority to convey.


Important Note: Due to the nature of forfeiture remedies, constitutional protections, difficulty in determining and showing of record satisfaction of all statutory requirements, and the likelihood of challenge to title deriving from a forfeiture proceeding, Agents National Title is very cautious when asked to insure property which has been subject to a federal or state forfeiture. Approval by Agents National Title underwriting counsel is absolutely required before such property may be insured.