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I owe federal restitution and have making regular payments.

Customer Question
I owe federal restitution...

I owe federal restitution and have making regular payments. I own a home and would like to sell it and buy another. If I sell it will they take the house?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

California

Lawyer's Assistant: What documents or supporting evidence do you have?

Do you mean documents supporting payments?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Part is owed to social security. They are withholding my social payments until they are paid back. Part is owed to a company, and payments will start to them after social security is paid.

Submitted: 5 months ago.Category: CA Real Estate
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Customer reply replied 5 months ago
There is currently no garnishment on my current house.
Answered in 18 hours by:
3/8/2018
Lawyer: MCSmith,
 replied 5 months ago
MCSmith
Category: CA Real Estate
Satisfied Customers: 3
Experience: Attorney at Self Employed
Verified

Hello, I'm Michael and I would like to help you. You might consider transferring the property into a family trust before the sale. If you make the transfer, be certain to file a preliminary change of ownership report (PCOR) concurrently with recording the trust transfer deed. This will avoid a reassessment of county taxes. Is the restitution in the form of a judgment? If so, a certified copy of the judgment would normally have to be recorded in the county where the property is located in order to be noticed by title. Title is obligated to pay liens of record, but if this judgment was not recorded in your county, it may slip through the cracks. You should search the county records to see if it has been recorded.

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Customer reply replied 5 months ago
I have done a property title search and there is no lien on the property. Is that separate for checking for judgments?
Lawyer: MCSmith,
 replied 5 months ago

If you performed a thorough title search, you should be ok as far as the title company is concerned. To be safe, I would consider the trust transfer or perhaps transfer to a family member prior to the sale. Take a look at the PCOR exemptions so you don't trigger a tax reassessment. Some family transfers are exempt, some are not.

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Customer reply replied 5 months ago
An irrevocable trust versus a revocable trust?
Lawyer: MCSmith,
 replied 5 months ago

Always revocable. You want the right to revoke the trust. Don't go near irrevocable, it is rare and draws attention. You can get a revocable trust from certain paralegal firms for about $500. They will prepare the trust transfer deed.

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Customer reply replied 5 months ago
I have a revocable trust with my prior house listed, from about 10 years ago. Do I have start all over with a new owned home?
Lawyer: MCSmith,
 replied 5 months ago

You can transfer the new home into the existing trust. However, it must be done with a proper trust transfer deed.

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Lawyer: MCSmith,
 replied 5 months ago

If you have any follow-up questions, don't hesitate to ask. If finished, please take a moment to rate my service. Thanks. (Don't forget the PCOR.)

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