Defeating an $877,000 Federal Forfeiture

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Defeating an $877,000 Federal Forfeiture

How We Protected an Innocent Third Party’s Rental Homes From Federal Forfeiture

Dayana Weffer, formerly Dayana Jerkins, is a mother and business owner who supports her family with rental income from 3 homes she received in her divorce settlement. When the federal government moved to forfeit all 3, valued at roughly $877,000, in connection with a criminal case against her ex-husband, she faced the loss of her family’s livelihood and her tenants faced the loss of their homes.

The government sought forfeiture in connection with a criminal case against Weffer’s ex-husband, Jason Alexander Jerkins. She divorced him before she learned of the case, acquired the properties through the divorce settlement, and relies on the rental income from all 3. A lis pendens clouded her title while the action was pending, and the court set a statutorily required ancillary hearing for April 10, 2026.

Litson filed a petition and verified claim on Weffer’s behalf, arguing that she qualified as a bona fide purchaser for value under federal criminal forfeiture law. That defense rarely arises when property is transferred through divorce proceedings, so the petition required the team to establish both the value Weffer gave in the divorce and her complete lack of knowledge of the alleged criminal conduct.

Key Facts

All 3 homes retained: Roughly $877,000 in property stayed with the family.

Conceded before the hearing: The government gave up 2 weeks early.

Clear title restored: Lis pendens released and interest transferred April 7, 2026.

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The Resolution

Before the ancillary hearing could take place, the government agreed with Litson’s position. In a supplemental response filed on March 27, 2026, the U.S. Attorney’s Office for the Middle District of Tennessee conceded that Weffer is a bona fide purchaser for value entitled to retain the properties, and moved to cancel the April 10 hearing.

The government then filed a Notice of Release of Lis Pendens and moved to transfer its interest in the properties to Weffer, which the U.S. District Court granted on April 7, 2026.

3 rental homes worth roughly $877,000 stayed with the family.
The lis pendens clouding her title was released.
An ancillary hearing set for April 10, 2026 ended in a government concession before it happened.
Rental income at risk became a secured livelihood.

Ms. Weffer lawfully acquired these properties and supports her family with them. She was not involved in or even aware of her ex-husband’s crimes, and the government’s decision to abandon this forfeiture before the hearing even occurred is the right result.

Alex Little, Managing Partner, Litson PLLC

What This Outcome Means

Federal forfeiture actions place enormous pressure on third parties who hold an interest in targeted property, and the ancillary proceeding is often their only chance to be heard. Securing a complete government concession before the hearing occurred spared Weffer the expense, delay, and uncertainty of contested litigation and returned clear title to her months sooner.

The result also demonstrates that the bona fide purchaser defense can protect property received through a divorce, an application of forfeiture law that has rarely been tested.

When I received a letter in the mail that the federal government would be taking my properties from me, I was terrified. I was scared that my tenants would lose their homes, and my family would lose the rental income we rely on to support ourselves. I am extremely grateful to the Litson team for securing this victory for me and helping put this difficult chapter of my life behind me.

Dayana Weffer

The Litson Team

The matter was handled by Litson PLLC attorneys Alex Little, Brent Hannafan, and Sloan Nickel, along with law clerk Ridwan Ahmed and co-counsel Francis King of the Law Office of Francis King.

Third-party claim resolved April 2026. United States v. Jerkins, Case No. 3:25-cr-00005, United States District Court for the Middle District of Tennessee.

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