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House Gifting: liabilities?

so lets say someone in dire need of some cash, went to some loanshark to borrow money. The term is that he'd pay back in full in X amount of years or the lender has a stake on his house. In the mean time, he "gifts" the house to his son since he can no longer afford the mortgage so the son can take over the mortgage, title & deed all transferred to his son. So X years passed and he couldn't pay the loan back. My question is, does the loan shark still have a stake in the house, even though it is transferred owner? Would there be a difference if he actually SOLD the house instead of gifting? If anyone has a specific IRS code, or LAW that can refer me to, that'd be fantastic. Don't just say go look at IRS website... of course i did that myself, but i don't know how to find exactly i'm looking for?

5 Answers

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  • 1 decade ago
    Favorite Answer

    I do not think it is IRS law, but federal. If the transfer took place within the last 5 years it is fraud, as the father is trying to hide assets. It is a fairly common crime, seniors do it all of the time trying to rip their states off.

  • ?
    Lv 4
    5 years ago

    My house is definitely an asset. the alternative to possessing is renting....it rather is truthfully spending varied money each and each month that may in no way be recouped. Renters spend 10s of hundreds of greenbacks a 365 days on hire. we truthfully very own various condominium homes and those are sources as nicely. The hire that somebody else is blowing is rather making the fee for us and leaving a small volume of earnings on wonderful of that. We bought our domicile 8 years in the past and function it on the marketplace for in simple terms over two times what we paid for it. even with the "clientele industry" that at the instant exists we can sparkling a 6 discern earnings whilst it sells. I actually evaluate possessing a house an asset.

  • 1 decade ago

    if there was a proper lien recorded on this home then at the point of gifting it had to be satisfied if it were properly executed and the loan shark would have been paid. If not properly executed then the lien if filed is still valid.

    I am a mortgage banker in TN & KY

  • Anonymous
    1 decade ago

    The lender is going to put a lien on the property.

    Thus the "gift" to the son does not have clean title.

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  • Jeff T
    Lv 6
    1 decade ago

    If you start giving stuff away in order to avoid paying a loan, the bankruptcy judge can order the receiver to give it back to you.

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