Forfeitures

In connection with a Civil Forfeiture under 21 U.S.C. § 881, the Company requires for its review satisfactory evidence of the following:
a. The court issued an order for the warrant of arrest of the land;
b. The complaint requested forfeiture of the specific land and alleged specific bases for forfeiture;
c. All owners and lienholders (including spouses with marital or community property rights) of the land who are not executing deeds or releases received notice by personal service as evidenced by a review of the process receipt and return;
d. The government published notice of the proposed forfeiture in the federal district where the land is located (and the district where the proceeding occurs, if a different district);
e. An order authorized forfeiture of the specific land;
f. The order is final and nonappealable. Finality may be evidenced by a letter from the United States Attorney’s Office or other knowledgeable party;
g. The forfeiture occurred in the federal district where the land is located or in the district where criminal prosecution, if any, of the owner occurred;
h. If an owner of the land has been subject to criminal prosecution, that prosecution must be final and no longer subject to appeal;
I. Recordation of certified copies of the order for warrant of arrest, order of forfeiture and evidence of personal notice in the local real property records;
j. Verification by affidavit or inspection that no one is in possession of the land (except through the United States);
k. Disclosure in writing to the proposed insured that the forfeiture is in the chain of title;
At that time, the Company may make additional requirements or exceptions.
Comment: The Company’s guidelines for forfeitures are detailed because the Company considers subsequent insurance to be an extrahazardous risk.

In connection with a Criminal Forfeitures under 21 U.S.C. § 853 and 18 U.S.C. § 1963, the Company requires for its review satisfactory evidence of the following:
a. The indictment sought forfeiture of this specific land by identifiable legal description;
b. The government secured a criminal conviction of the defendant owner;
c. The court order authorized forfeiture and seizure of the land;
d. All parties (including spouses with marital or community property rights) who are not defendants in a criminal action and who are not executing deeds or releases received personal notice;
e. Notice of the proposed forfeiture was published in a newspaper of general circulation;
f. The United States filed a motion for final order of forfeiture;
g. The court entered a subsequent final order of forfeiture;
h. The “final” (second) order of forfeiture is final and nonappealable;
i. The conviction is final and nonappealable (verify by a letter from the United States Department of Justice or other knowledgeable party);
k. Recordation of certified copies of the indictment and orders of forfeiture in the local real property records;
l. Verification by affidavit or inspection that no one is in actual possession of the land (except through the United States);
m. Disclosure in writing to the proposed insured that the forfeiture is in the chain of title.
At that time, the Company may make additional requirements or exceptions.
Comment: The Company’s guidelines for forfeitures are detailed because the Company considers subsequent insurance to be an extrahazardous risk.

Note: You may add additional local requirements here. Please consult with our underwriting personnel in preparing appropriate provisions.