As noted under Cash Reporting, watch out for suspicious transactions or signs of possible illegal activity. Many title claims may occur – not where we are insuring a forfeiture, but where we suspect one may occur – because of a forfeiture of the property as proceeds of drug-related or other illegal transactions. Never issue a final policy without consulting Agents National Title underwriting counsel where:
• A party to the transaction brings a large amount of cash to closing, which may indicate drug activity.
• There are current criminal proceedings filed against a party to the transaction. In certain instances, this could indicate the proceeds may be drug-related.
• You have personal knowledge or are otherwise notified that a participant in the closing transaction may be a drug dealer.
Be extremely careful in how you handle any suspicious events. Never allege that the property may be subject to forfeiture or accuse anyone of illegal activity. Contact Agents National Title underwriting counsel for guidance should you suspect a transaction may be drug-related.
On a case-by-case basis, Agents National Title may insure a transfer of property from the United Sates after forfeiture pursuant to 21 U.S.C. 881, 21 U.S.C. 853, or 18 U.S.C. 1963 under the following circumstances: