Protect Your Assets From Lawsuits

Protect Your Assets From Lawsuits

Colorado Lawyers for asset protection LLC's

We Establish LLC's and Corporations for Investment Properties

Most clients have one primary asset, their homes. It is valuable, and therefore vulnerable. When creditors and their attorneys think about suing you, one of the first things they do is check the property records to see if you have valuable real estate they can attach with any judgment they get against you. This is where good Asset Planning can play an important role.

Your investment property, second home, or other real estate assets can be placed into a corporation or LLC in order to shield them from creditors. This must be done carefully by an attorney experienced with asset protection strategies. Excellent results can be obtained by certain LLC arrangements, including multiple ownership structures, management contracts with tenure and liquidated damages provisions, and other arrangements which can foil the designs of creditors. Care must be taken at the outset to notify and obtain approvals from all banks, creditors and mortgage companies who have a security interest in the property. Otherwise, the transfer will almost certainly trigger a due on sale clause and force you to pay off the entire loan immediately. This is why it is important to have an asset protection lawyer assist you. Call us today to discuss your asset protection needs.

During the 1990's and up until around 2007, most creditors were happy to permit homeowners to transfer their houses into wholly owned LLC's. In fact, many had approval forms and simply required the LLC to join the loan as a co-borrower. This era has ended, and it is rare to find a major lender willing to permit the transfer. It is believed that this has much to do with the subsequent difficulties the LLC creates for the securitization and resale of the mortgage. So, if you are considering hiring a lawyer to help with creating a home LLC, call your bank first and find out if they are permitting such transfers these days. You'll be glad you did.

Avoid Fraudulent Conveyances

You cannot legally move property into or out of your or someone else's name, or into/out of a corporation or LLC, in order to defraud creditors, or in anticipation of a judgment. This is known as a fraudulent conveyance, and courts can order the property moved right back to where it came from, eliminating the protective effect of the attempted transfer. You therefore should plan to make any transfers long before any whiff of lawsuit or creditor angst arises. This is the reason to consult with an asset protection attorney at Colorado business lawyers Williams Law, P.C. as soon as possible. When it comes to asset protection, the fraudulent conveyance rules mean that you must plan ahead...way ahead.

Contact a Denver Business Lawyer at Williams Law, P.C. for legal counsel and litigation representation.