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Normally both civil and criminal forfeiture require involvement by the judiciary; however, there is a variant of civil forfeiture called administrative forfeiture, which is essentially a civil forfeiture that does not require involvement by the judiciary, which derives its powers from the Tariff Act of 1930, and empowers police to seize banned ...
Unlike disabling restraints, the effectiveness of the lawsuit does not prevent the transfer from being made. However, the Supreme Court says promissory restraints are not permissible. The promissory note discourages the person getting ready to sell the property which is the same effect as the disabling restraint. Forfeiture restraints
A deed in lieu of foreclosure is a deed instrument in which a mortgagor (i.e. the borrower) conveys all interest in a real property to the mortgagee (i.e. the lender) to satisfy a loan that is in default and avoid foreclosure proceedings. The deed in lieu of foreclosure offers several advantages to both the borrower and the lender.
This was the first time Nevada courts had considered police participation in the Justice Department's Equitable Sharing Program, in which federal law enforcement "adopts" civil forfeiture cases ...
It is defined in section 983(d) of title 18 of the United States Code) and is part of the Code that defines forfeiture laws and more specifically the general rules for civil forfeiture proceedings. It states that the " claimant shall have the burden of proving that the claimant is an innocent owner by a preponderance of the evidence .
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That prosecutors in the Hoosier State successfully denied people this due process is a reflection of how abusive civil forfeiture can be.
Forfeiture is broadly defined as the loss of property for failing to obey the law, and that property is generally lost to the state. A person may have a vested interest in property to be forfeit in two ways: In personum jurisdiction and in rem jurisdiction .