Legal Opinion
In Re Newport Savings and Loan Association, United States of America v. Real Property Located at 185 Hargraves Drive, Etc.
Court of Appeals for the First Circuit
Decided March 21, 1991No. 90-1793PublishedCited by 25 opinions
1Opinion of the Court
BREYER, Chief Judge.
This appeal, in effect, asks how an “innocent lienholder” — a bank holding a mortgage — can exercise its “ownership” rights, to foreclose upon, and to sell, property that the Government wants forfeited under the drug laws. We conclude that the answer to the question is found in the “customs laws” of the United States. See 21 U.S.C. § 881(d). Since the appellant, an “innocent lienholder” who wants to foreclose, did not follow the relevant customs laws proce dures, we affirm a district court determination that it may not foreclose at the present time.
I
Background
The…
2Cases cited16 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
- Block v. North Dakota Ex Rel. Board of University & School LandsSupreme Court of the United States · 1983
- Gulfstream Aerospace Corp. v. Mayacamas Corp.Supreme Court of the United States · 1988
11 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- United States v. $277,000 U.S. Currency, and One 1986 Dodge Ram Charger, Jalisco, Mexico, Lic. Hwy 773, and Ramon S. Montes, Claimant-AppelleeCourt of Appeals for the Ninth Circuit · 1995
- In Re Ulpiano Unanue Casal, Debtor. Gerardo A. Quiros Lopez v. Ulpiano Unanue Casal, Liliane Unanue, Emperor Equities, Inc.Court of Appeals for the First Circuit · 1993
- United States v. Twp 17 R 4, Certain Real Property in Maine, United States of America v. Twp 17 R 4, Certain Real Property in Maine, Patrick CunanCourt of Appeals for the First Circuit · 1992
- United States v. Michelle's LoungeCourt of Appeals for the Seventh Circuit · 1994
- United States v. Quintana-AguayoCourt of Appeals for the First Circuit · 2000
20 more not listed; retrieve them via the Exa API.