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LegalEagle1
LegalEagle1, Attorney
Category: Legal
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Experience:  Practicing attorney licensed for over 25 years.
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Our son wants to buy a home in Philadelphia. We are willing

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Our son wants to buy a home in Philadelphia. We are willing to help him by financing it since he can not qualify for a mortgage. He will sign a promissory note to us. However, he has credit card and student loan debt and has fallen behind on his payments. Can either the credit card companies or the student loan lenders put a lien his house (should we go down this road) or go to court to take other action against his house in order to pay his debts. If yes, would it help if he were to transfer the title to his home to an LLC after the closing transaction is complete? The home will be in his name only and it will be his residence. We are not going to be on the title. Thank you.

LegalEagle1 :

Hello and welcome to JustAnswer.


I would like to assist you with your question today.

LegalEagle1 :

The most common way that I see people accomplish what you are trying to do is to create a trust and have the house owned by the trust.

Customer:

Is that the complete answer?

LegalEagle1 :

I can provide you with more information if you need it.

Customer:

It costs about $300 to create an LLC. Will transferring the title to an LLC legally accomplish the same objective? I suspect it is much more expensive to create a trust.

LegalEagle1 :

Basically you set up a trust that has terms that restricts what your son can do with the assets, namely pay his creditors.

LegalEagle1 :

Depends who you have create it, but i would expect it to be in that ballpark.

LegalEagle1 :

who is going to own the LLC?

LegalEagle1 :

If your son owns it, then they can still attach and levy against it.

Customer:

Our son. If a trust is set up, would it be in his name? We really don't want any involvement other than helping him to finance it.


 

LegalEagle1 :

Recently in some jusridictions courts have allowed creditors to levy against a single owner LLC

Customer:

So what you are saying is that if the title to the property is in his name, the creditors can go after it whether he holds title or an LLC than he owns holds the title.

LegalEagle1 :

I'm saying that there is a possibility, currently some courts have decided that way, others have not.


 

Customer:

And how would the trust be structured to keep the creditors away from it?


 

LegalEagle1 :

Where if you create a trust, call it the ABC trust and you can serve as the trustee, and make him the successor trustee. He would not own the trust, he would be the beneficiary of the trust.

LegalEagle1 :

He could pay the trust "rent" which would be turned over to you.

Customer:

Ok. Thank you.

LegalEagle1 :

And upon your death he would become trustee. You can restrict what he can use the assets of the trust for. When you have it drafted express to the lawyer what your concerns are and he can best tell you how to address it.


 


 

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