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If I have a judgment on a person with rental properties & I get a levy against the rental income...

San Jose, CA |

What happens if the person conveys title to a Title Holding Trust? The Trustee of the trust claims they are not obligated to disclose the beneficiary of the trust, however I feel that the debtor is the sole beneficiary. What happens to my levy? Do I have any type of lien on the property? Can I get a Lis Pendens? Can I force disclosure of beneficiary? What if beneficiary turns out to be a friend of debtor? Thanks for any help.

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Attorney answers 3

Best Answer
Posted

You get your collection lawyer to chase the income. If it's transferred to evade the judgment then you may get the transfer voided. Also if there is jurisdiction over the trustee, then then the court has the power to compel disclosure of the beneficiary. If the conveyance can't be overturned however, then the trust instrument may have an impact on whether or not the beneficiary can get any distribution and you may be stuck with that too. A lot depends here on the facts and law, far too much to answer. But it is worth finding out about and you may indeed have remedies to get something out of o this. It is not a sure thing however and you need a skilled collection lawyer to get it done.

No legal representation exists by virtue of this answer. Consult your attorney. Licensed to practice law in Indiana and Illinois. Circular 230 Disclosure: any U.S. tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any matters addressed herein.

Posted

Best bet: sit down with a Litigation Attorney or Asset Protection Attorney to discuss your best means of collecting on the Judgment. If the Defendant moves assets AFTER Judgment, this might be construed as Fraudulent Conveyance by the Court who issued the Judgment. Good Luck!!

My answer is based on the limited facts presented. It doesn’t create an attorney-client relationship. Use the ‘Find-A-Lawyer’ search engine at the top of this page and follow proper legal advice.

Asker

Posted

So are you saying that anybody who has a money judgment against them cannot sell any real property unless the judgment is satisfied? It seems to me that they could make the case that it was necessary to liquidate the property because the rental income was going toward the house payment. Which brings up another question, is it possible for a levy on rental income to drive a property into foreclosure?

Posted

This is definitely a question of collection and you should find an experienced attorney to help you. Any attempt to hide assets will be frowned upon by the Court but your attorney will guide you on the best way to handle this. A trust cannot be created solely to hide assets from creditors.

This is a general information answer ONLY and does NOT create an attorney-client relationship. Without detailed facts about your case, I cannot provide specific legal advice and this answer is not intended to be taken as legal advice.

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