Collectability

[steve prifti]

Jurisdiction

Pennsylvania

I bought my house 2 years ago. The owner was the builder and he lived 6 years in the house himself.

Last winter I became aware of major stucco problems and the stucco inspection I did afterwards revealed serious problems. I bought the house for $595,000 and the estimate for repairs is $240,000!

I hired a lawyer and twice we filed for mediation with no response from the seller.


Three months ago we filed writ of summons and we were told that the defendant is abroad for a 3 month vacation!!! He owns a commercial property and just before he left he put into the title his spouse. That property is worth about $400,000


My lawyer is comfortable that I will win the case. My concern is collectability.

The defendant put his spouse in the title before he was served the writ of summons but after 2 attempts for mediation and after the writ of summons was filled.


The defendant was under the threat of a lawsuit at a minimum.

Is this a Fraudulent Property Transfer? What can I do about it?

 

[army judge]

Is this a Fraudulent Property Transfer? What can I do about it?

Before an action can be called a crime, the actor must be charged with a crime, the accused is innocent until proven guilty, a trial ensues, the matter is adjudicated.

There is no way for anyone to predict the outcome of an event that hasn't transpired.

You should address ALL of your questions about the instant legal matter to your attorney of record, ONLY the attorney of record.

Keep your legal business private, between you and your spouse, and you and your lawyer.

There is nothing a stranger can type about your legal issue that is worth your time to read.

Patience mate, don't ever speculate about the outcome of any legal proceeding, no human is smart enough to predict the future.

 

[mightymoose]

Why is the lawyer so confident of success?
Was this something that an inspection of the home should have revealed prior to purchase? Do you believe the previous owner had knowledge of this issue and did not disclose it?
I suspect it will be harder than you might think to get anything at all from the previous owner.

 

[Disabled Vet]

two years? that will not be a easy cake walk of winning. He could say you used a harsh chemical to clean the outside of the house. Causing the issue... So many things could have caused the issue without anyone being at fault. For some reason after 7 years the bricks on my home in the area of the master bedroom started slowing leaning outward. I had a great person inspect my home prior to purchasing it.

 

[adjusterjack]

Is this a Fraudulent Property Transfer? What can I do about it?

Nothing now.

You first have to win your lawsuit. If you win, you can ask the court to determine if it was a fraudulent transfer and take appropriate action.

 

[zddoodah]

These are great questions for your own lawyer who is, presumably, fluent in the applicable state law and knows all the relevant facts.

FWIW, the answers to your questions are (1) it depends on what "he put into the title his spouse" means, and (2) nothing at this time.