# § 1609. Seizure; summary forfeiture and sale
**(a)** **In general** section 1613 of this title
If no such claim is filed or bond given within the twenty days hereinbefore specified, the appropriate customs officer shall declare the vessel, vehicle, aircraft, merchandise, or baggage forfeited, and shall sell the same at public auction in the same manner as merchandise abandoned to the United States is sold or otherwise dispose of the same according to law, and shall deposit the proceeds of sale, after deducting the expenses described in , into the Customs Forfeiture Fund.
**(b)** **Effect** A declaration of forfeiture under this section shall have the same force and effect as a final decree and order of forfeiture in a judicial forfeiture proceeding in a district court of the United States. Title shall be deemed to vest in the United States free and clear of any liens or encumbrances (except for first preferred ship mortgages pursuant to subsection O of section 30 of the Ship Mortgage Act, 1920 (46 U.S.C. App. 961) or any corresponding revision, consolidation, and enactment of such subsection in title 46) from the date of the act for which the forfeiture was incurred. Officials of the various States, insular possessions, territories, and commonwealths of the United States shall, upon application of the appropriate customs officer accompanied by a certified copy of the declaration of forfeiture, remove any recorded liens or encumbrances which apply to such property and issue or reissue the necessary certificates of title, registration certificates, or similar documents to the United States or to any transferee of the United States.
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**Source Credit**: (June 17, 1930, ch. 497, title IV, § 609, 46 Stat. 755; June 25, 1938, ch. 679, § 28(b), 52 Stat. 1089; Pub. L. 91–271, title III, § 301(b), June 2, 1970, 84 Stat. 287; Pub. L. 98–473, title II, §§ 313, 321, Oct. 12, 1984, 98 Stat. 2054, 2056; Pub. L. 98–573, title II, § 213(a)(6), Oct. 30, 1984, 98 Stat. 2985; Pub. L. 100–690, title VII, § 7367(b), Nov. 18, 1988, 102 Stat. 4479.)
## Editorial Notes
### References in Text
Subsection O of section 30 of the Ship Mortgage Act, 1920 (46 U.S.C. App. 961), referred to in subsec. (b), was classified to section 961 of the former Appendix to Title 46, Shipping, and was repealed and partially reenacted in sections 31326(a), 31327, 31328, and 31329 of Title 46, Shipping, by , §§ 102(c), 106(b)(2), , , 4752. was subsequently repealed by , , . , set out as a note preceding , provides that a reference to a law replaced by is deemed to refer to the corresponding provision of . For disposition of sections of the former Appendix to Title 46, see Disposition Table preceding .
### Prior Provisions
Provisions similar to those in this section were contained in , . That section was superseded by section 609 of act , comprising this section, and repealed by section 651(a)(1) of the 1930 act.
Provisions for sale of the property by the collector if no claim should be filed or bond given, were contained in R.S. § 3077, prior to repeal by , .
### Amendments
1988— amended section generally. Prior to amendment, section read as follows:
“(a) If no such claim is filed or bond given within the twenty days hereinbefore specified, the appropriate customs officer shall declare the vessel, vehicle, aircraft, merchandise, or baggage forfeited, and shall sell the same at public auction in the same manner as merchandise abandoned to the United States is sold or otherwise dispose of the same according to law, and (except as provided in subsection (b) of this section) shall deposit the proceeds of sale, after deducting expenses enumerated in into the Customs Forfeiture Fund.
“(b) During the period beginning on , and ending on , the appropriate customs officer shall deposit the proceeds of sale (after deducting such expenses) in the Customs Forfeiture Fund.”
1984— designated existing provisions as subsec. (a), inserted reference to aircraft, inserted “(except as provided in subsection (b) of this section)” after “according to law, and”, and added subsec. (b).
, inserted reference to aircraft.
, substituted “after deducting expenses enumerated in into the Customs Forfeiture Fund” for “after deducting the actual expenses of seizure, publication, and sale in the Treasury of the United States”.
1970— substituted reference to appropriate customs officer for reference to collector.
1938—Act , inserted “or otherwise dispose of the same according to law” after “in the same manner as merchandise abandoned to the United States is sold”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 1984 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1970 Amendment
For effective date of amendment by , see , set out as a note under .
### Effective Date of 1938 Amendment
Amendment by act , effective on thirtieth day following , except as otherwise specifically provided, see section 37 of act , set out as a note under .