Trustee attorney says he will sell my client's=20
Posted: Wed Jan 25, 2012 4:01 pm
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More often than not, they do not obtain any professional advice, an
take the advice of their realtor or best friend or read some posting
online that they do not understand. Any lawyer instructing a client
to place a minor child on real property title as a joint tenant for
estate planning purposes would be doubly inattentive.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
On Wed, 25 Jan 2012 15:47:48 -0800, Desiree Causey wrote:
Another example of the unintended consequences of not preparing a
proper estate plan. These people did this as a poor substitute for a
revocable trust. I would hate to the professional who advised them to
do this, rather than an estate plan.
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
714-375-6663
714-908-7646 (fax)
Behalf Of Kenneth Jay Schwartz
Sent: Wednesday, January 25, 2012 3:37 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Trustee attorney says he will sell my client's
mother's house
Dennis, I think the case you are thinking of is:
876 F.2d 769: In Re Samir B. Tleel; Lupana Tleel, Debtorsjoseph N.
Chbat, Appellant, v. Samir B. Tleel; Lupana Tleel; Robert A. Fischer,
Trustee, Appellees (9th Cir. 1989)
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, Suite 640
Woodland Hills, California 91364-2226
Telephone: (818) 226-1205
Facsimile : (818) 226-1213
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To: "cdcbaa@yahoogroups.com"
Sent: Wed, January 25, 2012 3:22:58 PM
Subject: Re: [cdcbaa] Trustee attorney says he will sell my client's
mother's house
I have been warning about this for some time. There is a 9th Cir
case which says 544 overrules 541. Not on the computer, but if u search
the two sections together it should come up. D something.
D
Sent from my iPhone
On Jan 25, 2012, at 11:58 AM, "Steven B. Lever" wrote:
I have a client who is on title with her mother since she was 17, a
couple decades ago. She never paid a penny for the house and is only
on title for when mom dies. Originally I was only going to file her
husband, but then after reading 11 U.S.C. 541(d) I thought since shehad only bare legal title there would be no issue.
However, I got a call today from Trustees counsel, who I know well
and respect, who tells me he can do so under 11 U.S.C. 544(a)(3). Trustee only shares legal title, not equitable title, but Trustee
attorney says thats enough.
11 U.S.C. 544(a)(3)
(a) The trustee shall have, as of the commencement of the case, and
without regard to any knowledge of the trustee or of any creditor, the
rights and powers of, or may avoid any transfer of property of the
debtor or any obligation incurred by the debtor that is voidable by (1) omitted
(2) omitted
(3) a bona fide purchaser of real property, other than fixtures, from
the debtor, against whom applicable law permits such transfer to be
perfected, that obtains the status of a bona fide purchaser and has
perfected such transfer at the time of the commencement of the case,
whether or not such a purchaser exists.
Im not getting his point and still in shock. Has anyone run across
this issue before?
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 6470
>( Fax (800) 360-5161
>* sblever@leverlaw.com
> www.leverlaw.com
>
start="26ffbtuy8la8@webmail.mysuperpageshosting.com"
charsetF-8
p{margin: 0;padding: 0;}More often than not, they do not
obtain any professional advice, an take the advice of their realtor or best
friend or read some posting online that they do not understand. Any
lawyer instructing a client to place a minor child on real property title as a
joint tenant for estate planning purposes would be doubly inattentive.
Mark T. JesseeLaw Offices of Mark T. Jessee"A Debt Relief
Agency"50 W. Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805)
497-5868 (805) 497-5864 (Facsimile)
On Wed, 25 Jan 2012 15:47:48 -0800, Desiree Causey
<causeylaw@gmail.com> wrote:
The post was migrated from Yahoo.