Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Other Real Estate Law Questions

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 01-01-2001, 03:28 PM
alice1234
Guest
 
Posts: n/a
Question

Indiana. I am being sued by a credit card company. I was advised to put a lein (for more than market value) on 2 properties that my husband & I own jointly (he is not on the credit card) to prevent a lein being placed on them by the credit card company if I lose my counter claims against them. Is this legal? Can I do the loan or must my husband do it since he is not being sued?
  #2  
Old 01-01-2001, 04:00 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
A for effort and F for ethics.
The transfer could be voided due to fraud to evade creditors. People have already tried this in BK and non-BK action. Most have lost their butts.
why not sell a property and pay the debts intead of trying to play games.
The method that you have suggested would not be a loan (since there would be no money involved) but merely a sham fake lien using a strawperson. The syndicate and drug dealers among others are known to do this white collar stuff. Such common transactions discovered through FBI and IRS investigations.
Key questions to ask yourself: if a lien were to be placed on the properties, what would you tell the IRS if they asked you, "and what did you do with the money that this person loaned you? Who is this person and where did he/she get the money from? Is the loan reflected on anyones tax returns? We will be conducting an audit so we will need copies of all documents pertaining to this loan and lien"

[Edited by HomeGuru on 01-01-2001 at 04:14 PM]
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 09:33 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.