![]() act with fraudulent intent.”īased upon the finding the attorney used her professional skills to effectuate the transactions for her parents, the court ordered her to pay $200,000 – the exact amount her parents transferred to the overseas relative – to the judgment creditor. The court also noted the “the only reasonable inference that can be drawn from the objective circumstantial evidence is that she and her parents. Although the guarantors claimed they received consideration for the sale, the court pointed out that the attorney failed to present any evidence of a debt owed by her parents to her uncle. After discovering the transfers of real estate during execution of the judgment, the lender sought to recover the full amount of the judgment from the attorney under Maryland’s fraudulent conveyance of statute.Ĭiting “unmistakable” badges of fraud in the two transactions, the federal court concluded that the lender was entitled to money damages from the attorney. The lender later obtained a $1.1 million judgment against the guarantors. The corporation subsequently sold the home and transferred $200,000 of the sales proceeds to the attorney’s uncle in South Korea as payment for an alleged debt due by her parents. Pak, while a confession of a judgment action was pending against the guarantors of a defaulted loan, the defendant – the guarantors’ child and attorney – formed a limited liability corporation transferring the guarantors’ home and an investment property to the corporation. In a recent federal court decision in Maryland, an attorney found she was personally liable to a lender after arranging two transfers of real estate for her clients. Located in Lake Success, New York, our highly regarded and experienced lawyers represent clients throughout New York City and Nassau County.Attorneys who represent “deadbeat” clients may be unwittingly placing themselves in harm’s way. Saperstein to speak directly to a knowledgeable estate litigation attorney. If necessary, we can also represent you in Surrogate’s Court.Ĭall us at 86 or reach us online to schedule your initial confidential, no-obligation consultation. We can walk you through your legal options and potential defenses. You received a gift that is being contested in court.While we encourage you to contact us prior to any legal issues arising, we are happy to help you safely protect assets even if you are being threatened by creditors or other interested parties regarding your assets. You transferred the assets shortly prior to qualifying for Medicaid.At Salem Shor & Saperstein, LLP, we are an experienced estate litigation law firm with experience in defending against and alleging fraudulent transfers. Accused Of Making A Fraudulent Transfer? Get Experienced Legal Help Immediately.Īn allegation of a fraudulent transfer is serious and requires an immediate legal defense. We are regularly in the Surrogate’s Court defending the rights and interests of our clients. ![]() If threats, undue influence or other illegal or fraudulent means were used to transfer funds or real property, New York considers those transfers invalid and the assets will go back to the original owner of those assets.Īt Salem Shor & Saperstein, LLP, our attorneys know how to litigate cases involving fraudulent conveyances and other behavior that runs counter to the wishes of the person transferring the assets, or the testator. Unfortunately, those savings can disappear quickly when a serious medical condition or end-of-life care requires constant medical attention, particularly if someone takes advantage of the situation to line his or her pocket. It takes years of hard work to build up assets, real property and savings.
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