If owners want to change their interest in real estate they can convey the property to a nominee (strawman) and the nominee can transfer it back with the desired changes made.
In Arizona, a straw man transaction is illegal when it involves deceptive practices intended to mislead or defraud others, particularly in real estate or financial dealings. This typically occurs when one party uses another individual (the "straw man") to conceal their identity or intentions, often to evade legal obligations or regulations. Such transactions can violate state laws against fraud, misrepresentation, and conspiracy. If proven, these actions can lead to civil penalties or criminal charges.
The term "straw purchase" originated from the straw man, a person who stands in place for another to conduct a transaction. In the context of purchasing, it refers to someone buying an item for another person who is unable or unwilling to make the purchase themselves, often for legal or deceptive purposes.
You have highlighted a good reason why a straw transaction should be handled by an attorney. If the straw refused to execute a deed you would need to sue him/her in a court of equity and obtain a court decree declaring that you are the rightful owner. It would be time consuming and costly.
It is absolutely illegal. All you need to verify this is an Internet search using the string "real estate straw buyer", then start reading.
No automobile straw purchases are not legal in California. Straw purchases are attempts to intentionally defraud a lender and if found out the car loan could be void.
Straw purchase car loans are generally illegal. A straw purchase occurs when one person finances a vehicle for another, often to circumvent credit requirements or for fraudulent purposes. This practice can lead to legal consequences for both the buyer and the financier, including potential charges of fraud. It's important to conduct transactions transparently and within legal guidelines to avoid complications.
it means: the last staw
A will that transfers real property must be probated in order for title to the real estate to pass to the beneficiary legally. The beneficiary doesn't have to arrange to have a deed in their name, the probate is a public record and can be cited as the legal source of title. If the beneficiary wishes to obtain a deed in their own name that can be accomplished after the estate has been probated. It should be done by the attorney who handled the estate. The beneficiary, as the legal owner, would convey the property to a straw. The straw would convey the property back to the beneficiary and the beneficiary would become the record owner of the property in the land records. This transfer should be done under the supervision of an attorney who specializes in real estate and probate law.
Customs and legal provisions vary from state to state so you would need to check your local practices. Generally, an executor can only execute a deed if that power was granted in the will or if there was a license to sell real estate granted by the court. If the power to sell real estate was granted in the will, the executor may execute a deed to the devisees in order to extinguish the power to sell and to establish the tenancy desired by the grantees. If the power to sell was not granted in the will, if the will has been allowed and the period for creditors to make claims has passed then the devisees do not need a deed to prove their ownership. If the devisees desire to establish their ownership by deed and also establish a particular tenancy they can execute a deed to a straw and then have the straw convey the property back with the desired tenancy recited. In some states a straw is not necessary. You should seek advice from the attorney who handled the estate. She/he will be able to advise you regarding the local legal requirments.
The paper left on a straw is typically referred to as a straw wrapper or straw sleeve. It is used to keep the straw clean and hygienic before use.
A Straw Poll
The estate must be probated and the probate process will vest title in the heirs-at-law. Once the estate has been probated the heirs can execute a deed to themselves.If the heirs wish to change the title prior to the completion of the probate procedure, or the administer can execute the deed, citing the probate, if they obtain a license to sell the real estate from the court (laws vary in different jurisdictions).However, waiting until the probate is completed and the title has vested in the heirs is easier and less costly.You should consult with an attorney who specializes in probate in your area.