0
Can a debt collector claim fraudulent conveyance on a property when at the time of conveyance he did not own the debt in question?
Wiki User
∙ 16y ago
They only "step into their shoes" if they are considered a future creditor. There is a distinction between future creditors and future potential creditors. Not every purchaser of debt can challenge a conveyance if it can be shown that you did not have knowledge of prior collection activities, for example. A future potential creditor cannot assert right that a future creditor can.
I'm not sure about that future vs furture potential stuff...sounds hokey...one thing for sure...it's unimportant as they aren't potential anything...they are a current creditor. You owe them money. You even agree. You just question if they can make an action based on your actions involving the debt or ability to repay. Obviously, they have to have a basis to feel the transaction being questioned was done to avoid payment of the known debt.
Almost always true that when one purchases a debt, they purchases all rights and positions of the prior owner. He steps into their shoes, so to speak. Hence, if the prior owner would have had the right, he now does. Uh...your going to have a hard time finding others At Fault or an excuse for your failure to pay, (and possible attempts to evade paying) your bills. I really can't imagine any Law that would forgive your actions (or debt) in any way ever, based on the legal business actions (or even mis-deeds) of those you owe too.
Wiki User
∙ 16y ago
Add your answer:
Earn +20 pts
How can you get a trust fund monthly payment back when a sibling tricked you into doing a quick claim deed?
You need to consult with an attorney. You have asked a complicated question that involves a trust and a conveyance of real property. The attorney can review both the trust and the conveyance and explain your rights and options.You need to consult with an attorney. You have asked a complicated question that involves a trust and a conveyance of real property. The attorney can review both the trust and the conveyance and explain your rights and options.You need to consult with an attorney. You have asked a complicated question that involves a trust and a conveyance of real property. The attorney can review both the trust and the conveyance and explain your rights and options.You need to consult with an attorney. You have asked a complicated question that involves a trust and a conveyance of real property. The attorney can review both the trust and the conveyance and explain your rights and options.
Can you put a lien on property you own that someone stole?
sure...however the validity of the lien may come into question...or you can file an action in supreme court to overturn a conveyance or to assert fraudulent conveyanceClarificationYou cannot place a lien on anything by your own authority. You must obtain a judgment lien through a court process. That is not the way to regain property that someone took from you. You must sue the thief and the court will render a decision. If the decision is in your favor and the property is real property the court will restore the property to you. It will not issue a judgment lien unless the property is personal property and cannot be returned. In that case, you can record the judgment lien against the defendant and it will affect any real property owned by the defendant.
Is it legal and possible for your wife and you who own a home together to sell the house and divorce and give her 100 of the money to protect you from the person suing you?
No, the sale or the transferring of title to real property in an attempt to shield it from a creditor judgment is considered a "fraudulent conveyance and would not be legally valid. The one exception in some states is the transferring of property to the child or children of the person owning said property. The laws pertaining how a judgment can be executed upon marital property are different for each state, the main factor being on how the property in question is titled. If only one spouse is the debtor and the house is titled as TBE the property cannot be attached by a judgment lien. If owned as Joint Tenants or Tenants-in-Common, or JTWRS, a lien can be place against the property but a forced sale is not possible.
Can a debt collector collect on property whose owner is deceased and no deed of conveyance was done for the property in question?
Generally, if a decedent owned land and judgment liens had been recorded in the land records before he died the creditor could have the sheriff sieze and sell the land to satisfy the debt. If the liens were not recorded before the death of the debtor the creditor would be out of luck because real property passes to the heirs at the time of death. However, the creditor can make a claim agains the estate by filing the claim in probate. You should consult with an attorney in your area since state laws vary.
If someone files a deed that has property listed that they don't own does this void the deed that was filed?
This is an interesting question. A person cannot convey what they do not own. If there was only one property described in the deed and the grantor does not own that property then that deed is a nullity, in other words, legally void. It would be ignored in the chain of title for that property. If several properties were described in the deed and one was not owned by the grantor then only the "conveyance" of that one property would be null and void and the deed would be effective as to the other properties that were owned by the grantor.
Can a spouse refuse to answer a debt collector's questions?
Anyone can and should refuse to answer any question about anyone other than themselves, especially to a collector.
Does property automatically go to the closest heir?
No. Property passes by Will or by the laws of intestacy in the jurisdiction where the property is located. You can check the law in your jurisdiction at the related question link.No. Property passes by Will or by the laws of intestacy in the jurisdiction where the property is located. You can check the law in your jurisdiction at the related question link.No. Property passes by Will or by the laws of intestacy in the jurisdiction where the property is located. You can check the law in your jurisdiction at the related question link.No. Property passes by Will or by the laws of intestacy in the jurisdiction where the property is located. You can check the law in your jurisdiction at the related question link.
What is 516 in distributive property?
The distributive property is applicable to two binary operators (such as addition and multiplication). There are no operators in the question and so the distributive property has no relevance to the question.
Math question-What property has numbers switching places?
the answer is the commutative property
What is the property attributed to the target in the conclusion of an analogical argument?
property in question
The property attributed to the target in the conclusion of an analogical argument?
property in question
When a home or business property is sold who is responsible for calculating the taxes owed on the sale?
There are two answers to this question. The title owner bears ultimate responsibility for filing and calculating. That being said the assessor and collector of the jurisdiction may determine values.Ê
