#1963 FORD THUNDERBIRD 132 SERIAL NUMBER#

The statute here involved was enacted in 1939, long before Credit Union's contract. A contractual obligation is not impaired by a statute in effect prior to the contract date. No due process argument can be maintained on this ground. The federal government need only adhere to the due process requirements of the Fifth Amendment. It is not directed against the federal government. The contracts clause of the Constitution (Art. The first of these challenges may be disposed of in short order. (3) On or about March 21, 1963, the vehicle was seized by the United States on the undisputed allegation that Carlos Aulet, mortgagor and debtor to the Credit Union, used the vehicle for the transportation of narcotics in violation of applicable federal laws.Ĭredit Union's challenge to the constitutionality of the statute rests on three grounds first, that it impairs the obligation of a contract, inasmuch as forfeiture will cancel the lien and the chattel mortgage second, that the statute is vague, indefinite and uncertain in that no provision is made for holders of a security interest and third, that the statute violates the due process provisions of the Fifth Amendment to the Constitution by taking the security interest of innocent lienors without compensation. This lien is still in existence as security for the amount due on the note. (2) On September 18, 1962, a lien was duly recorded with the Secretary *1021 of State of Illinois against the motor vehicle title. The following facts are admitted for the purposes of this motion: (1) Credit Union is the holder of a note, secured by a chattel mortgage on the above-named vehicle.

Intervenor, Hotpoint Employees' Credit Union (Credit Union) moves to dismiss the libel, alleging that the statutory provision is unconstitutional. § 782, which provides in relevant part as follows: 'Any vessel, vehicle, or aircraft which has been or is being used in violation of any provision of section 781 of this title, or in, upon, or by means of which any violation of said section has taken or is taking place, shall be seized and forfeited: Provided, That no vessel, vehicle, or aircraft used by any person as a common carrier in the transaction of business as such common carrier shall be forfeited under the provisions of this chapter unless it shall appear that (1) in the case of a railway car or engine, the owner, or (2) in the case of any other such vessel, vehicle, or aircraft, the owner or the master of such vessel or the owner or conductor, driver, pilot, or other person in charge of such vehicle or aircraft was at the time of the alleged illegal act a consenting party or privy thereto * * *'. This is a proceeding instituted by a libel seeking forfeiture of the vehicle-defendant pursuant to the provisions of 49 U.S.C.

Carlins, Kovin, Ashen & Carlins, Chicago, Ill., for intervenor, Hotpoint Employees' Credit Union.

#1963 FORD THUNDERBIRD 132 SERIAL NUMBER#

ONE 1962 FORD THUNDERBIRD Serial Number 2Y83Z124318, Defendant.

1963 ford thunderbird 132