Drug Forfeitures

Record Notice

Federal law mandates compliance with the notice requirements of the state in which the property is located. If state law requires the recording of a lis pendens or other similar document giving notice of an action affecting real property, then the federal government must file a lis pendens in a forfeiture action in order to protect the priority of any interest it may obtain in the property. However, federal law contains no independent notice requirements, so if a state does not require the recording of a lis pendens, then the government need not record one.