Can you "Lose" a house if you get raided?

[OpenStrife]

I've heard so many people tell me that if your house gets raided and your grow busted then your house could possibly be seized.

Is there any truth to this? I realize if you're in prison and you can't pay your mortgage then yeah they might repossess it, but I figure with enough money saved up you could have it auto-draft an account.

Though, what would you do? Say you have your house halfway paid off, you get raided, and get sentenced to do 2 yours. Good behavior you're out maybe in a year and a half.

What happens to your house? What happens if it gets repossessed? What happens to the money you paid off the house with? What would generally happen?

I figure all growers with houses they are paying off have thought about this before right? I don't see why anyone would grow if they weren't willing to take the risk of maybe ending up in prison for some time, so it only makes sense they would plan for such a scenario.

 

[Weird]

some states make alot of money through seizure so check your state

teh feds love ot seize your shit its their business

 

[igrowone]

if you have a mortgage, it's less tempting for seizure
they're looking for money, not a house, and a mortgaged house usually isn't worth the legal expense
but it can happen, state by state thing mostly

 

[Treetroit City]

Often you lose it the day of the raid. Done!

Now you can contest the seizure in court and must post bond of usually 10% of the value in order to get a hearing.

This 10% bond is usually due within 2-4 weeks depending, if you fail to post you forfeit all claim to said property.

Never lost a house myself but know people that have. Lost a few vehicles though. They actually will call and play "lets make a deal. Give me a grand or two(car)and it's yours.

House, they might want more.

 

[Puscifer]

If you own the house, as in no mortgage and no lien holder, then theirs a pretty good chance they'll take the house AND most of the things in it.
The worst part about seizure laws is that it is up to you to prove that those things were bought on the up/up or with legit money. If you can't prove it they get to keep it.

 

[Puscifer]

Btw, state seizure laws and federal seizure laws differ, and state laws vary from state/state.

 

[OpenStrife]

What exactly do I look up when I'm searching for my states seizure laws?

 

[unregistered190]

would think you can probably get the state info here, but not sure

http://norml.org/

 

[Hydro-Soil]

What exactly do I look up when I'm searching for my states seizure laws?

Look up the spelling of your state. If it isn't spelled C o l o r a d o... you should consider moving. Nobody's gonna seize your house around here... or even raid it for that matter.

Seriously though, you're looking for "state-name statutes" "Asset forfeiture" Or similar search topics.

Stay Safe!

 

[anditwasfun]

asset forfeiture's a bitch...I've seen plenty of busts where I used to live without houses being seized, but I wouldn't count on that. If you have a dayjob and play your cards right with the cops you can probably skate away with it...I certainly wouldn't bring it up first though lol, maybe indirectly tackle the subject. Hopefully it will never come to that point. I suggest reading news reports in your state and seeing what you can come up with. Look around and see if you can figure out how intricate the law enforcement you'll be dealing with gets...gotta know your enemy.

I'd be more concerned about going to jail than losing some house. You should consider moving, lots of people say don't bother but if you're just doing a few lights and know your shit you'll be fine. The few hundred more bucks a month for pricier gas/electricity you might spend are worth the peace of mind. Picking up and moving is a bitch but so is moving into a same-sex enclosed environment with a bunch of sketchy bastards with no advanced notice...I wouldn't wanna do a couple years just to yield that little.

 

[Jhhnn]

Look up the spelling of your state. If it isn't spelled C o l o r a d o... you should consider moving. Nobody's gonna seize your house around here... or even raid it for that matter.

Seriously though, you're looking for "state-name statutes" "Asset forfeiture" Or similar search topics.

Stay Safe!

I think you're mostly right wrt Colorado. OTOH, the Feds operate differently, and the whole thing is really tricky, intentionally so. It varies hugely by State.

Google *your state* forfeiture laws. This is one of the results of Googling "Federal forfeiture laws"-

https://www.google.com/search?q=fed...s=org.mozilla:en-US:official&client=firefox-a

It's never dumb to consult an attorney *before* any issues arise.

Colorado presents a unique opportunity for personal consumption growers to be State legal. IMO, anybody who stays on the right side of that will very likely avoid serious ball-breaking, even by the Feds.

 

[Yes4Prop215]

in cali they generally dont seize houses just for growing, especially if you owe a ton of money on it. now if youre part of some big drug dealing bust and they link your house to being paid off with large amounts of tax free loot, would be fed so theywould seize..

also says on normal that in cali you need to have over 10 lbs to get your car seized...

 

[RetroGrow]

Yes, you can lose your house. They will seize anything they can, and force you to lawyer up to fight to get it back. I'm talking about the Feds here.
States are different.
The Feds seized my plane. Never got it back.

 

[festerous]

You could lose your house or your virginity or both.

 

[BrnCow]

Some Texas information...

http://www.ij.org/asset-forfeiture-report-texas

 

[extreegrowerrr]

Feds yes. State police no If you beat the case which is very slim you get rights to property back. If you have a mortgage most times they won't depending on amount owed. Same with cars and such. If you beat it they cut you check sometimes instead of give you your property back.

 

[supermanlives]

if the feds step in its a possibility. when my buddy got raided his house was auctioned off on courthouse steps before his case even went to trial. feds don't play and their rules are diff. he lost everything. the state has a harder time taking your shit. so yes is your answer. he had a 30k setup plus veg. they also freeze your cash an your credit goes to shit. hope ya got cash buried cause everything else will be gone or tied up. you don't win with the feds they drain all your resources. if they take your 500k house to stand any chance you prob will end up spending 750k trying to get it back. which is rare with the feds very fucking rare. I was shocked how it all went down and got to read all paperwork an follow the case up close. feds don't play fair. my buddy in florida lost everything too. watched a flatbed go by with his model t on it and another whip.

 

[extreegrowerrr]

That's why you have to live in medi state and play by state rules. Feds love big shit. They don't really bother with smaller stuff unless they want to scare people every now and then.
They will fuck you for years. Like supermanlives said credit destroyed...court for years and tons of money in attorney and court fees. Nothing a grower could ever afford. Better off just taking the 2 years most of the time. Unless they think they have something huge and find nothing like they thought. Which does happen.

 

[Euphoriaholic]

I knew a guy in South Florida with a 6k grow in a back of a professional studio.
He got nailed by the DEA. Turns out he had a grow in multiple locations. It was his second grow. He got caught with over 300 plants including clones. All the warehouses were rentals which were not seized. However, all of his studio gears were taken. Thousands of dollars in equipment; Guitars, drum sets, recording console, computers, tv sets anything with a value.
He did 5 years in club fed. When he was released he moved to California.

I also know a guy in South florida who got arrested by the local police with a 2k grow, 6 plants.
He got one year probation $2500 court and probation fee.

He owned the property which was not seized. However, his property was reported to the building code enforcement. The county code enforcement labeled the property a grow house and an unsafe structure. They fined him $3000. If he did not pay the fine within 60 days they were going to put a $10,000 lien on his property with interest compounded at 12% annually.

 

[drsmoke69]

i guess it pays to not own a god damn thing, then they cant take it away from you!