# Justice Manual § 9-115.412: Indemnification Agreement in Addition to Special Warranty Deed

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-115.412

## Section

- **Citation:** Justice Manual § 9-115.412
- **Heading:** Indemnification Agreement in Addition to Special Warranty Deed
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-115.000 - Use And Disposition Of Seized And Forfeited Property / Justice Manual § 9-115.412

## Text

It is suggested that the language of the special warranty deed be as follows, with the insertion of the specifically applicable circumstances as required:

The grantor covenants to specially warrant the title to the property hereby conveyed against any claim arising from ... [insert the specifically applicable circumstances here.]

When special circumstances exist, the buyer may also request that the United States provide certain indemnifications in order to obtain title insurance. These indemnification agreements establish affirmative measures to be taken by the United States, beyond the basic terms and obligations of its warranty deed, in the event that claims are later made against the property. The indemnification agreement may be included either in the terms of the special warranty deed or in a separate document which incorporates the deed by reference. In either form, indemnification agreements will be limited to the following terms:

The United States will specially warrant its title against defects or clouds arising out of the forfeiture process, and hold the buyer harmless as a result of such defects in title or clouds involving the propriety of the forfeiture of the property.
In the event that a court in a final judgment rules that the United States did not acquire valid legal title to the real property through the forfeiture process and, therefore, was not able to convey clear title to the buyer, the United States will refund to the buyer the amount of the purchase price of the property, plus the value of any improvements made to the property by the buyer. The amount will be paid out of the Assets Forfeiture Fund, plus interest on the total amount at the current rate as provided in 28 U.S.C. § 1961 from the date of the purchase of the property by the buyer to the date of the final judgment.
The United States, by its special warranty deed, does not warrant the title of the prior owner of the property who acquired title before the forfeiture
he buyer. The amount will be paid out of the Assets Forfeiture Fund, plus interest on the total amount at the current rate as provided in 28 U.S.C. § 1961 from the date of the purchase of the property by the buyer to the date of the final judgment.
The United States, by its special warranty deed, does not warrant the title of the prior owner of the property who acquired title before the forfeiture.
See
Chapter 5 of the Asset Forfeiture Policy Manual ("Use of a Special Warranty Deed and Indemnification Agreement").

[updated May 2010]

## Nearby sections

- [Justice Manual § 9-115.100 Management and Disposal of Seized Assets](https://www.frixlaw.com/law-library/statutes/JM_S9-115.100.md)
- [Justice Manual § 9-115.200 Use of Seized Property by Department of Justice Personnel](https://www.frixlaw.com/law-library/statutes/JM_S9-115.200.md)
- [Justice Manual § 9-115.202 Use of Seized Property Where Custody is Retained by the State or Local Seizing Agency](https://www.frixlaw.com/law-library/statutes/JM_S9-115.202.md)
- [Justice Manual § 9-115.203 Use of Seized Real Property by Occupants](https://www.frixlaw.com/law-library/statutes/JM_S9-115.203.md)
- [Justice Manual § 9-115.300 Disposition of Forfeited Property](https://www.frixlaw.com/law-library/statutes/JM_S9-115.300.md)
- [Justice Manual § 9-115.310 Disposition of Forfeitable Property by Interlocutory Sale](https://www.frixlaw.com/law-library/statutes/JM_S9-115.310.md)
- [Justice Manual § 9-115.400 Attorney General's Authority to Warrant Title](https://www.frixlaw.com/law-library/statutes/JM_S9-115.400.md)
- [Justice Manual § 9-115.412 Indemnification Agreement in Addition to Special Warranty Deed](https://www.frixlaw.com/law-library/statutes/JM_S9-115.412.md)
- [Justice Manual § 9-115.420 General Warranty Deed](https://www.frixlaw.com/law-library/statutes/JM_S9-115.420.md)
- [Justice Manual § 9-115.430 Dispute Resolution](https://www.frixlaw.com/law-library/statutes/JM_S9-115.430.md)
- [Justice Manual § 9-115.500 Purchase or Personal Use of Forfeited Property by Department Employees](https://www.frixlaw.com/law-library/statutes/JM_S9-115.500.md)
- [Justice Manual § 9-115.600 Review of Official Use of Forfeited Property Valued at over $50,000](https://www.frixlaw.com/law-library/statutes/JM_S9-115.600.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-115.412. Check the current official text before relying on it. Not legal advice.