How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Attyadvisor Your Own Question

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3881
Experience:  25 years of experience in general practice, real estate law and estate law.
68197583
Type Your Real Estate Law Question Here...
Attyadvisor is online now
A new question is answered every 9 seconds

I have a somewhat complex question... I have a federal lien

Resolved Question:

I have a somewhat complex question...

I have a federal lien on me from 1999 for $95,000 (from a criminal case over 14 years ago). My wife does not have the lien, but because we live in Washington State currently, a community property state, neither of us are able to buy a home.

Question 1: We're looking to move to Florida, which I understand is NOT a community property state. Would she be able to buy a home in her name only in Florida, without the lien affecting her?

Question 2: Assuming the answer to question 1 is YES.... She is a stay-at-home Mom with no income. I run a legitimate at-home sole-proprietor business that makes us decent income ($150k+). Obviously a bank isn't going to give her a loan without a job, so is there any way for us to use MY income for HER to buy a house? What if I hired her for some legitimate work (as-in, we work and own the business together) and allocated most/all of the earnings to her in our taxes... would that qualify?

I don't want to commit fraud here, I just am looking for a legal loophole so my family of four can get in homeownership legally.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.
Hello and thank you for your question.

I don't know that your question is as complicated as it is problematic. The days of the no document loans are gone. It would be nearly impossible for someone without an income to qualify for a loan. Is there any possibility of paying off the lien?
Customer: replied 1 year ago.
Well first, can you answer question #1? If #1 is a no, then none of this matters.

As far as the lien goes, I can't pay it off... I just don't have that kind of money right now.

I do have plenty of business documentation... Tax returns, bank statements, P&L statements. I'm actually a single member LLC, which has the same tax laws as a sole proprietor, but we do have an EIN, two employees, etc. I'm sure we can get better than a "no doc" loan, can't we?
Expert:  Attyadvisor replied 1 year ago.

I am sorry I must have misunderstood you would be one of the named borrowers on the loan?

You are correct, Florida is not a community property State. If you are the only person named on the lien your wife would not be responsible under Florida law.

Customer: replied 1 year ago.
No you are correct, I just want the loan for my wife, not me.

But if I add my wife as an employee on payroll, or maybe just put all of the business in her name, or hire her as a consultant, or some other legal means, would the business documentation work for her?

Just looking for a way to make the loan work for her. She is familiar with the business, she has and can do work for me, i can even put her on payroll for a high salary for just daily consultation work, but I also don't want to commit any kind of fraud.

What do you suggest?
Expert:  Attyadvisor replied 1 year ago.
If she made enough money to qualify for the loan on her own she would be the only name on the title.

If she were the owner of the LLC it would be possible to have the LLC purchase the property.


Can you tell me if the debt was incurred while you were married?
Customer: replied 1 year ago.
No, I was ordered to pay the money 5 years before we got married. I didn't even know her at the time.
Expert:  Attyadvisor replied 1 year ago.
Then this is not her debt under community property law. If she can show an income sufficient to qualify for a loan she should have no problem purchasing a property.


If you decide that you want to move forward with a home purchase I would contact a Florida Attorney at that time to discuss placing the property into a trust.
Customer: replied 1 year ago.
Thank you I will accept your answer after this one last question...

What is the advantage or reason for placing the house in a trust? Should she buy the home or should the LLC buy it? Just wondering what the best way to do this would be.
Expert:  Attyadvisor replied 1 year ago.
A trust makes it harder for creditors to attach liens. An LLC can afford some of the same protections a trust but not all. A trust is a little more complicated for creditors to attach liens. There are also tax and inheritance benefits. As long as your wife is legitimately earning her salary you should be fine.


This would be something to discuss with a Florida attorney if you decide to move forward with a purchase.

Please feel free to ask me any follow up questions that you may have for me.

Thank you for using JA!
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3881
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 4 other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 1 year ago.
Thank you..

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.
 
 
 

Related Real Estate Law Questions

Chat Now With A Real Estate Lawyer
Attyadvisor
Attyadvisor
2976 Satisfied Customers
25 years of experience in general practice, real estate law and estate law.