[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR274.18]



[Page 639]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 274_SEIZURE AND FORFEITURE OF CONVEYANCES--Table of Contents

 

Sec. 274.18  Provisions applicable to particular situations.



    (a) A straw purchaser is a person who purchases in his own name a 

conveyance for another person, the real purchaser, who has a record or 

reputation. A lienholder-petitioner that knows, or has reason to 

believe, that a purchaser of a conveyance is a straw purchaser, must 

satisfy the requirements of Sec. 274.15(a) of this part as to both the 

straw purchaser and the real purchaser to be eligible for a grant of 

remission of forfeiture. This provision applies where money is borrowed 

on the security of property held in the name of the straw purchaser for 

the real purchaser.

    (b) A petitioner engaged in the business of leasing conveyances must 

satisfy the requirements of Sec. 274.15(a) of this part as to all 

lessees and sublessees or other persons having any interest under a 

lease of the subject conveyance on the date of seizure of that 

conveyance to be eligible for a grant of remission of forfeiture.

    (c) In the consideration of a petition for relief from forfeiture 

the mere existence of a community property interest without proof of 

financial contribution to the purchase of a conveyance will not be 

deemed to have been a property interest in a seized and forfeited 

conveyance.

    (d) A petitioner that submits a petition for remission of forfeiture 

as a subrogee must satisfy the requirements of Sec. 274.15(a) of this 

part as to all prior possessors of the subrogated interest in the seized 

and forfeited conveyance to be eligible for a grant of remission of 

forfeiture.