Title in property; transfer.
1. All right, title and interest in property subject to forfeiture vests in the plaintiff:
(a) In the case of property used or intended for use to facilitate the commission or attempted commission of any felony, when the property is so used or intended for such use.
(b) In the case of property otherwise subject to forfeiture, when the event giving rise to the forfeiture occurs.
(c) In the case of proceeds, when they become proceeds.
2. Any transfer of property which occurs after title to the property has become vested in the plaintiff, and before the termination of the proceeding for forfeiture, is void as against the plaintiff, unless the person to whom the transfer is made is a good faith purchaser for value. If such a transfer is made, the purchaser must, in the proceeding for forfeiture, establish by a preponderance of the evidence that he has:
(a) An interest of record in the property;
(b) Given fair value for his interest; and
(c) Acquired his interest without notice of the proceeding or the facts giving rise to the proceeding.
Ê If the purchaser acquires his interest after the seizure of the property by the plaintiff, it is conclusively presumed that the interest has been acquired with notice of the proceeding.
Last modified: February 25, 2006