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The Supreme Court stated the law on the matter: under the Due Process Clause of the 14th Amendment, states ordinarily may not seize real property (real estate) before providing notice and a ...
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 ...
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.
The use of this kind of jurisdiction in asset forfeiture cases is controversial because it has been increasingly used in situations where the party in possession is known, which by historical common law standards would make them the presumptive owner, and yet the prosecution and court presumes they are not the owner and proceeds accordingly ...
During a 2014 civil forfeiture seminar, captured on video, officials shared tips on how to maximize profit. The city attorney in Las Cruces, N.M., called civil forfeiture a “gold mine” that ...
In the context of civil asset forfeiture, “forfeit” is a misdirection. While forfeit familiarly means “to give up,” when the state “forfeits” your property, the government takes it as ...
To the surprise of many, it is actually quite legal for law enforcement agencies to take property from people who haven't been convicted of a crime yet as civil asset forfeiture, a practice which brings in millions of dollars of revenue each year, disproportionately affecting people without means or access to a lawyer. [5]
L.A's "mansion tax," which took effect last year, could mean the government will take a hit on the sale. Read more: Jenni Rivera's family battles over singer's estate. 'Money, power, greed' tear ...