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.