Iowa Petition for Forfeiture
Description
How to fill out Petition For Forfeiture?
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FAQ
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.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
If the seller believes the buyer is violating the land contract's terms, this is called a default. Iowa Code §656.2 requires the lender to give the borrower a thirty-day written "Notice of Forfeiture of Real Estate Contract" before the seller can forfeit the land contract.
Iowa earns a D- for its civil forfeiture laws. It does not require conviction of the owner, only of any person, and does not apply to property valued above $5,000.
Civil judicial forfeiture is an in rem (against the property) action brought in court against the property. The property is the defendant and no criminal charge against the owner is necessary.
?Seizure for forfeiture? means seizure of property by a law enforcement officer, including a constructive seizure, accompanied by an assertion by the seizing agency or by a prosecuting attorney that the property is seized for forfeiture, in ance with section 809A. 6. 809A.
