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  #1  
Old 05-11-2008, 11:32 AM
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Tenant in Common vs Joint Tenancy- CREDITORS ATTACKING


What is the name of your state? California
How to take title Tenant in Common vs Joint Tenancy - upcoming creditors looking for

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What is the name of your state? CA
I am in escrow on a propertu in California, and want to know how to take title.

I have the option of taking title with my mom and dad and getting the loan with my mom and dad.

I know Tenant in Common can divide my interest. I am thinking of this type of title such that I can minimize the amount of possessions I show to the rest of the world.
I would take title to the property with 1% ownership (or so).

Can creditors make me sell the home if I owe anybody money (and they obtain judgement, etc.?)

How much right do they have to my 1% of the property if:

1) I take the loan with my mom and dad. I put the entire down payment in, and make the full mortgage payments monthly. I show the mortgage company and title that I own 1% of the house (Tenant in Common).

2) I take the loan with my mom and dad. I put a portion of the down payment in, and make the full mortgage payments monthly. I show the mortgage company and title that I own 1% of the house (Tenant in Common).

I want to protect my assetts and hence minimize my interest in the property. I do want the tax write off because I will be making the whole mortgage payment.

Please let me know how the credits can come after me in above situations.

Thanks for the help!
  #2  
Old 05-11-2008, 03:26 PM
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Are you asking for the most efficient way of running up debt and then bailing on your promise to pay so you can walk away scot-free?
I got nothing for ya . . .
  #3  
Old 05-11-2008, 03:28 PM
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Yeah, I'm not too keen on recommending ways to cheat creditors...
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  #4  
Old 05-11-2008, 07:18 PM
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Not to mention that OP wants all the benefits of being the majority owner (the entire tax write off) but not the burdens ...

I'm not real keen on assisting any scheme that defrauds creditors or the United States Government.
  #5  
Old 05-11-2008, 08:37 PM
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There are many ways to make things difficult for creditors. It is impossible to answer the exact results for any specific choice when the reality differs from the paper appearance. At the end of the day it depends on how aggressive the creditor's attorney is. It is possible to cut through the rubbish and seize the core. It's just harder.
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  #6  
Old 05-17-2008, 09:43 AM
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Guys, Im not asking how to evade creditors, I am asking how I should take title to provide the most protection to myself?
Just like Rocka Fella said ' own nothing, control everything'
  #7  
Old 05-17-2008, 08:13 PM
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My answer stands, with a comment. It does appear there is an attempt to defraud. (By the way, Rockefeller was a "robber baron" and many laws have been enacted to create barriers to the acreation of wealth in many of the ways he did.)
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