Legal Question in Credit and Debt Law in Iowa
retitling property
How far in advance does property have to be placed in another person's name for it to be exempt from repossession by the debtors of the original owner?
Asked on 8/22/08, 4:34 pm
1 Answer from Attorneys
David Anderson
Anderson Business Law LLC
Re: retitling property
If it is subject to REPO (because the property is covered by a Security Agreement like a car loan or home mortgage) the answer is: It can't be done.
If you are concerned because property could be seized following a judgment, the question is whether the property was transferred with INTENT TO DEFRAUD creditors. If it was given away (especially to a relative or someone over whom the Debtor has CONTROL) you will likely be forced to have the transaction ANULLED.
THis is a complex and fact=specific area of law. Call or email for assistance.
Answered on 8/22/08, 4:39 pm