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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: A few things to consider... Posted by Brian Lund on August 16, 2006 at 10:29 AM In Reply to: A few things to consider... posted by BigMike on August 16, 2006 at 10:10 AM Hi Mike, I think you might be misunderstanding my objective in this specific instance. I am only looking to pierce the trust in order to lien real property. For example: Someone owns title to a home (real property) in the form of a trust. My AJ will not attach to property via the judgement debtors name. If I examine the trust and find that the judgement debtor is the beneficiary of the trust, then the codes indicate that court will allow me to lien the real property being held in the trust. I am not trying to seize the real property or force a sale, just lien it, so that if sold directly out of the trust, never being quit claimed back into the trusts beneficiary (i.e. the judgement creditor) name, that the AJ will be enforced. This point is somewhat moot for refinancing, becuase lenders generally will not refi property with title held in trust, which I why you see quit claims out of, and back into trusts, just before new Trust Deeds are recorded. I assume that if there are other interests in the trust besides real property, those would be fair game to go after as well, but that is not what this specific question is about. I appreciate you feedback. -Briannn Follow Ups: Re: A few things to consider... Travis-CA 10:50 PM, 08/16/06 (0) Post a Followup: Name : E-Mail : Subject : Comments: : Hi Mike, : I think you might be misunderstanding my objective in this specific instance. I am only looking to pierce the trust in order to lien real property. : For example: Someone owns title to a home (real property) in the form of a trust. My AJ will not attach to property via the judgement debtors name. If I examine the trust and find that the judgement debtor is the beneficiary of the trust, then the codes indicate that court will allow me to lien the real property being held in the trust. : I am not trying to seize the real property or force a sale, just lien it, so that if sold directly out of the trust, never being quit claimed back into the trusts beneficiary (i.e. the judgement creditor) name, that the AJ will be enforced. : This point is somewhat moot for refinancing, becuase lenders generally will not refi property with title held in trust, which I why you see quit claims out of, and back into trusts, just before new Trust Deeds are recorded. : I assume that if there are other interests in the trust besides real property, those would be fair game to go after as well, but that is not what this specific question is about. : I appreciate you feedback. : -Briannn Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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