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An observation..

Posted by Ward-CA- on December 15, 2003 at 8:37 PM

In Reply to: Trust into Bankruptcy posted by Chris on December 15, 2003 at 6:09 AM

: Hi all,

: Has anyone any opinions on the concept of deeding the house into a trust and having the trust file for bankruptcy to buy time before the auction? Is this doable?

: This would have the advantage of not having the BK go on the seller's record, which may be something that would sway his decision to work with you.

: I've heard this was being done by a local investor (Nevada), but haven't had a chance to ask about details.

: Thoughts?
=======================

Chris,

A transfer of real property into a trust isn't considered a sale unless it was a transfer into an irrevocable trust.

An irrevocable transfer would require that a transfer tax be declared on the transfer deed, touching off a permanent reassessment of the property's tax base by the county tax assessor's office.


Hope this helps.


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