A fraudulent conveyance happens when someone illegally transfers assets or property into someone else’s name, such as spouse, friend or family member, or even a business partner, just to avoid creditors. If you are selling your property or other assets to someone you know for an insignificant amount of money, you are either trying to evade creditors or you are trying to keep the property or assets out of the reach of the creditor. Let’s discuss further on how to make sense of fraudulent conveyance and the land trust.
Are You Going to be Sued?
If you are going to be taken to court soon, there are ways to protect yourself and your property and assets legally. If you need protection, keep reading to learn how.
- Have your car, house and property properly insured.
- Create a land trust to hold your property and assets.
- Form an LLC or a regular corporation to keep your business assets safe for you.
- Open and contribute to a retirement account.
- Take advantage of the real estate protection laws that are in place for something like this.
Proving You Are Not Doing a Fraudulent Conveyance
There are certain things the courts will look at when deciding whether or not you are doing the illegal act of a fraudulent conveyance. Read more below to learn more about how you can prove you are not in the act of doing something illegal like this.
- Did the person doing the transfer become unable to pay their debts because of the transfer?
- Did the transferor receive enough money in exchange during the transfer?
- Was the transfer made to a really close friend or family member?
- Does the transferor still have the rights to the property or the benefits from it?
- Did they get threatened to be sued?
- What was going on with their financial situation before, during, and after the transfer?
- Were a lot of transactions made after the person who owes money to creditors money problems started?
- When did any of these events take place?
- Was the transfer private or secretive?
- Was the transfer different from the usual business actions?
The solution to the problem of fraudulent conveyance is to act before it happens and protect yourself before you are taken to court. You want to ensure everything is done legally, however, because if they can prove a fraudulent transfer was made, you will be in some major trouble, legally.