Now someone is claiming that my dad owes them money and wants to place a lien. Can this be done although it has nothing to do with me nor the now LLC. This is between my dad and this person. Please advise
Real Estate Attorney
That depends on how the transfer from your dad to your llc was done and how long ago it was done. If it was a transfer that was done without consideration and was done to avoid the debt or in anticipation of litigation concerning the debt, then the transfer can be set aside as a fraudulent transfer and a lien can be attached if there is a judgment. If it was a legitimate transfer or a sale for value, or done prior to the debt obligation then they will not be able to attach any lien.
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5 lawyers agree
Whether or not the transfer from your father to you and your LLC can be set aside depends on facts which are not presented.
The creditor may assert that the transfer was a "fraudulent conveyance". A fraudulent conveyance is one made with the intent to avoid the claims of creditors. Factors which indicate that a transfer was fraudulent include that the transfer was made to a family member and was not made for fair market value.
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4 lawyers agree
Real Estate Attorney
Attys Millar and Chertock give good advice. I would add that the lien law provides very good recourse in the event someone files an improper lien. For example if it is determined that the lienor "exagerated" the amount of the lien you could recover from them the amount that was exagerated. so if the whole lien was improperly filed the lienor could be liable to you for the whole amount. Good luck n
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3 lawyers agree
Environmental / Natural Resources Lawyer
i AGREE WITH THE FIRST TWO ANSWERS. THE ONLY THING i WOULD ADD IS THAT TO PUT A LIEN ON Your LLC's PROPERTY, the LLC would have to be sued as well as your father. Willful exaggeration of the lien would only apply if the lien resulted from construction on the property, and the lien was exaggerated.
If the LLC is threatened with litigation, you should put your LLC's insurance carrier on notice. The insurance carrier might have an obligation to defend the lawsuit.
My answer to your question is for general purposes only and does not establish an attorney-client relationship,
Real Estate Attorney
If your dad transferred the property to you for less than full consideration (value) and at the time this creditor was out there, the transfer could be considered a "fraudulent transfer" under New York's Debtor/Creditor Law. Even if the transfer was done without intent to frustrate a potential judgment, the property could be in jeopardy. You need to speak to an attorney familiar with debtor/creditor law.
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