If I’m the transferee of a fraudulent transfer of my mom’s home, am I responsible for her debt?
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If I’m the transferee of a fraudulent transfer of my mom’s home, am I responsible for her debt?
My mother transferred her house to me 2 years ago in order to exempt it from Medicaid because I lived in it for 2 years to provide care. Her creditors are suing claiming fraudulent conveyance. Would the court just void the transfer if judgement is rendered or would a judgement go against me personally? If it’s not my debt, would I become responsible as judgement debtor being the transferee? Would they just attach the home or could they attach my wages and bank accounts? How will all this affect my credit? If it’s not my debt, is voiding the transfer all they can do since I did not default on a debt?
Asked on July 25, 2012 under Bankruptcy Law, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
And you are named in the suit becuase tyou name is on the deed, correct? Please speak with an attorney about putting in an Answer to the Complaint and speak with him or her about a defense. If they are just ssuig to set aside the conveyance then why are they trying to obtain a judgement? Are they suing for her care? If the house is sold that would pay for it. Please seek help. Good luck.
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