Section 2002 of the Crime Control Act of 1990, which amends 28 U.S.C. § 524(c), gives the Attorney General the authority to warrant clear title upon transfer of forfeited property. Section 524(c)(9)(A) reads as follows:

Following the completion of procedures for the forfeiture of property pursuant to any law enforced or administered by the Department, the Attorney General is authorized, in her discretion, to warrant clear title to any subsequent purchaser or transferee of such property.

The authority to execute deeds and transfer title has been delegated to chief deputies or deputy U.S. marshals by 28 C.F.R. § 0.156. The section 0.156 authority predates the asset forfeiture program and applies to all court-ordered sales of property, not just forfeited property.

The preferred means to transfer forfeited property is by special warranty deed executed by the United States Marshal. The special warranty deed assures the grantee/buyer that the United States, as the current seller, has done nothing to encumber the property, nor has it conveyed any right, title, or interest in the property while the government was the owner of the property. In effect, the special warranty deed warrants the forfeiture process. Under appropriate circumstances, a quitclaim deed may be used to transfer property. The quitclaim deed makes no warranty representations. It serves only to convey whatever right, title and interest that the Government had as of the execution date. Finally, property may be transferred by a general warranty deed. It is Department policy to use general warranty deeds only in exceptional circumstances. As used in this policy, the terms "general warranty deed" and "special warranty deed" are not intended to be limiting in their application. In some states, warranty deeds are not used (e.g., in California a "grant deed" provides limited statutory warranties). The use of such state variations equivalent to a general warranty deed is satisfactory for purposes of this policy. See Chapter 5 of the Asset Forfeiture Policy Manual ("Attorney General's Authority to Warrant Title").

[updated May 2010]