A question for the lawyers

[BSmack]

Let's say you were in the process of purchasing a home and, before the offer had been accepted, you found out the home was owned by an accused pedophile who had transfered ownership of the home to his parents by way of a quit claim deed. What rights would the families of the accused victims have in regards to the property should they later attempt to sue for damages?

And yes, I am taking this to my lawyer. I'm just curious to see what the legal honks around here think as well.

[Tom In VA]

Clean the joint good. Who knows what he was hiding in it.

[Terry in Crapchester]

At least under New York law, if the transfer occurred without valuable consideration, it is voidable as a fraudulent conveyance. If a victim were able to avoid the transfer in that regard, sue for damages and obtain a judgment, then the judgment would become a lien against the property. However, that lien would be subordinate to any pre-existing mortgage or other lien, and also would be subject to the judgment debtor's right to claim a homestead exemption of up to $50,000 in value above mortgage indebtedness.

If there were more than one victim, under the scenario you describe it would likely be a race to the courthouse, in that there probably won't be enough value in the property to secure more than one claim.

You should make your offer contingent upon the seller's ability to convey good marketable title.

[Kansas City Kid]

Since you have already transferred the ownership to your parents I guess you could try to hide overseas for a while, Bri.

[BSmack]

find a different house. its a buyers market. do you really want to live in a pedo's house?

Well, for starters, its the perfect house for my wife and I. 1200 square feet, 3 bedrooms, 10 minutes closer to work, the roof is less than 10 years old and is a full tear off, the furnace is less than 10 years old, has central air, a 2 car garage, new vinyl siding...

We've been looking at homes for the past 5 months and this is by far the most move in ready home in our price range we have yet to see.

That being said, Terry's advice make a lot of sense. We are definitely going to have to make sure title is solid before this happens.

Oh, and as if this couldn't get any weirder, this guy's sister graduated in my HS class. His mother was a school secretary at my HS.

[Wolfman]

Bri--seriously:
hope all works out for you and MrsBri !!
I can't imagine running into a problem like that
but Terry probably knows NY law and all --
good luck !

[smackaholic]

just make sure it has proper square head fastners on the decking.

[Mister Bushice]

GET

OUT

[Dinsdale]

Does that house still have the wheels on it?

Worse yet...it has vinyl siding. Throw some laminate flooring in there, and you have a white-trash castle.

[BSmack]

Does that house still have the wheels on it?

Worse yet...it has vinyl siding. Throw some laminate flooring in there, and you have a white-trash castle.

Hardwood floors. And I misspoke about the siding, it is aluminum.

88,

As for the square footage, for the time being it is just my wife and I. And even with the eventual children, the space will not be a problem for at least 7-10 years. By which time we will either move to a bigger house or drop an addition on the back of this house. Of course if we do, I'll be sure to ask Dins about the proper deck screw permits.

[Terry in Crapchester]

As for the square footage, for the time being it is just my wife and I. And even with the eventual children, the space will not be a problem for at least 7-10 years.

That's a big enough house for two people. But throw in a few children and you'll suddenly feel very cramped. You won't last 7-10 years unless you're planning to wait almost that long before having kids.

[RadioFan]

the roof is less than 10 years old and is a full tear off

Excellent.

Sin,

[Mister Bushice]

As for the square footage, for the time being it is just my wife and I. And even with the eventual children, the space will not be a problem for at least 7-10 years.

That's a big enough house for two people. But throw in a few children and you'll suddenly feel very cramped. You won't last 7-10 years unless you're planning to wait almost that long before having kids.

Agreed. Add in all the crap you WILL accumulate and you'll be wishing you had more space in far less than 7 years.

[BSmack]

As for the square footage, for the time being it is just my wife and I. And even with the eventual children, the space will not be a problem for at least 7-10 years.

That's a big enough house for two people. But throw in a few children and you'll suddenly feel very cramped. You won't last 7-10 years unless you're planning to wait almost that long before having kids.

As long as the wife is happy and the basement stays the Man Cave I intend it to be, we'll be good. It helps that we're not pack rats.

3... 2.... 1...

What's a basement?

sin

Floridians

[Derron]

I have a couple of question's..

Did you fuck the perv's sister in high school ??

Did you fuck the perv's mother in high school ??

Any chance of a 3 way ??

That being said...when one of the perv's victims comes back to the hood and tosses a molotolv through the living room window you may not like it much...

Glad you clarified the aluminum siding thing.. if it was vinyl.. I was preparing a dozen horror stories for you. That shit is fucking worthless. I will do the front of my house with hardi plank this summer and be done with that fucking vinyl shit. It could not keep a cold breeze out in summer time.

I think if a perv lived there you should pass...there is likely to be some bitter 30 something guy that the perv made blow him and he will break in, tie you and the OL up, fuck YOU in the ass and then burn the house down. I suggest a different hood.

[Dinsdale]

if it was vinyl.. I was preparing a dozen horror stories for you. That shit is fucking worthless.

Although I've yet to see one go bad, the same question applied to composite decking...

Would someone remind me again, when was it in the entire history of the plastics industry, that they've ever produced a product that has held up to prolonged UV exposure?

I will do the front of my house with hardi plank

Outstanding choice. I've seen leftover product left in piles that have sat in the mud, and even in puddles for years, and you could clean it off and hang it on a house. Shit is indestructable, and bonds with coatings very well.

[MgoBlue-LightSpecial]

there is likely to be some bitter 30 something guy that the perv made blow him and he will break in, tie you and the OL up, fuck YOU in the ass and then burn the house down.

Wow, that wasn't specific or anything.

Did you have to show your parents on the doll where he touched you?

[smackaholic]

..... the basement stays the Man Cave I intend it to be...

man cave? .... I mean, Man Cave?

I'll bet the folks down in florida, or atleast key west, know what that is.

[Mike Backer]

You pay a one time Title Insurance fee at loan closing that "should" cover you on such a jacked up situation.

You might want to check with the title company and convey your concerns, just in case.

[smackaholic]

As for the square footage, for the time being it is just my wife and I. And even with the eventual children, the space will not be a problem for at least 7-10 years.

That's a big enough house for two people. But throw in a few children and you'll suddenly feel very cramped. You won't last 7-10 years unless you're planning to wait almost that long before having kids.

This is such utter bullshit. Our pampered fukking society thinks that today we need 4 cars, 6 big screens and a 3500 sq ft McMansion. You need this much room for the 1.2 kids you are going to have.

If you live in a little ranch you might actually have to put your chillins through the unbearable hardship of sharing a fukking bedroom!!! Da horrah!!

I grew up in a smaller than that apartment in the projects as 1 of 5 kids. My OL had it good. Atleast she was in the burbs in a less than 1200 ft ranch also with 5 kids.

Now, you gotta have a great room in addition to the living room which, apparently is now supposed to be just a display room with fancy furniture. And let's not forget the media room. My sister has one of them in her 5000 sq ft, give or take an acre or two, pad down in NC.

As for vinyl? It ain't the coolest siding in the world, and some of the earlier stuff is pretty fukkin' horrific, but, the shit on my cape has been there somewhere around fifteen years and still looks pretty decent. Atleast it ain't aluminum siding!!! I don't have to worry about coming home someday to find my place peeled clean by tweakers.

Vinyl doesn't say white trash at all. Plenty of half mill plus places around here with it. What does say white trash? Besides aluminum, there is T-111 and asphalt shingles which were such the rage on big old triple deckers here in the northeast sometime back around when wolfman was a kid. Then there is my favorite, some sort of sheathing or housewrap. You see that shit all the time in rural parts where cooter added on to his single wide with whatever he ound at the dump, but, seeing as he can't find enough vinyl there he is going with tar paper or maybe that house wrap stuff that most of us have UNDER our chosen siding.

[Husker4ever]

^^ Rack! I have a 1700 square foot abode that is roomy enough for me, the wife and 2 kids. Brick on the bottom with stucco on the top. Hardwood floor throughout with oak molding including open staircase and crown molding.Fireplace that I'm putting a corn burner insert into one of these days. 2 car garage with enough room in the back of it for a huge work bench and ample storage with shelving and a loft. Picked it up for 100 G's....great bargain. The previous owners smoked in it and couldn't get the 140K they wanted because of the smell putting off potential buyers. (100K in Nebraska gets you a 500K Cali home....save the weather comments...give and take, lol)

First house I bought when I was 21 and still possess as a rental has 700 square feet, no basement, and is a two bedroom. Worked for me when I was single. Lived in it 10 years and was comfortable as hell. Cheap living then and great cash flow now as a rental.

I, too, just don't get the need for a 4 car garage attached to a 4000 square foot house. You'd have to hire a fucking maid to keep up with it and the utilities would kill you. I'd rather be comfortable, frugal, and invest the saved cash. Makes complete sense to me.

Vinyl siding? Cheap upgrade for shitbox tract houses. They DO look better but a polished terd is still a terd. I avoided recently vinyl-sided houses like the plague when I was shopping for a bigger house. I wondered what was underneath(termites, dry-rot, etc.) I also heard vinyl emits deadly poisenous fumes when it catches fire in a house fire. They ought to ban the shit.

[Cuda]

Does that house still have the wheels on it?

Worse yet...it has vinyl siding. Throw some laminate flooring in there, and you have a white-trash castle.

How many idiot points should be deducted if a buliding permit was bothered with? Does he get added points for bullet holes?

I'm amused, but not the least bit surprised that Monica would want to buy a hovel like that

[Cuda]

You pay a one time Title Insurance fee at loan closing that "should" cover you on such a jacked up situation.

You might want to check with the title company and convey your concerns, just in case.

Title Insurance is the ultimate scam: The perfect no-pay policy.

If you read the policy, it'll state that it does not cover anything that is not a matter of public record.

If there's a problem with the title that IS a matter of pubic record, they'll either specifically exclude it, or else not insure the title at all.

But you still have to buy title insurance.

[Kansas City Kid]

there is likely to be some bitter 30 something guy that the perv made blow him and he will break in, tie you and the OL up, fuck YOU in the ass and then burn the house down.

Wow, that wasn't specific or anything.

Did you have to show your parents on the doll where he touched you?

No shit! RACK!! Dorron was like Dudley from "Diff'rent Strokes" and was fed wine and chocolates and forced to jump on the bed shirtless while Gordon Jump prepared for him to kiss "Aunt Weenie" goodnight!

[Husker4ever]

You pay a one time Title Insurance fee at loan closing that "should" cover you on such a jacked up situation.

You might want to check with the title company and convey your concerns, just in case.

Title Insurance is the ultimate scam: The perfect no-pay policy.

If you read the policy, it'll state that it does not cover anything that is not a matter of public record.

If there's a problem with the title that IS a matter of pubic record, they'll either specifically exclude it, or else not insure the title at all.

But you still have to buy title insurance.

Interesting. I did not know that. Ranks right up there with health insurance don't it?

[Terry in Crapchester]

As for the square footage, for the time being it is just my wife and I. And even with the eventual children, the space will not be a problem for at least 7-10 years.

That's a big enough house for two people. But throw in a few children and you'll suddenly feel very cramped. You won't last 7-10 years unless you're planning to wait almost that long before having kids.

This is such utter bullshit. Our pampered fukking society thinks that today we need 4 cars, 6 big screens and a 3500 sq ft McMansion. You need this much room for the 1.2 kids you are going to have.

If you live in a little ranch you might actually have to put your chillins through the unbearable hardship of sharing a fukking bedroom!!! Da horrah!!

I never said any of that. In our case, however, kids sharing a bedroom is not a practical solution.

We have an 8-year-old son and a 1-year-old daughter. In addition, my wife has an 18-year-old daughter from her first marriage who is living at home while attending community college.

The kids sharing a bedroom just doesn't work. My son sharing a bedroom with either of the girls would not be a good idea, and there's too big an age gap between the girls for it to work if they shared a bedroom.

Our house is about 1800 sq. ft. with 4 bedrooms, none of which is terribly big. We have enough room at the present to fit in comfortably, even with the two younger kids having about a full room of toy boxes, but not much more than that. My wife's mother will probably be moving in with us in about 3-4 months, at which time it will get really cramped. We might be looking to make another bedroom and bathroom in our attic at that time.

As for vinyl? It ain't the coolest siding in the world, and some of the earlier stuff is pretty fukkin' horrific, but, the shit on my cape has been there somewhere around fifteen years and still looks pretty decent. Atleast it ain't aluminum siding!!! I don't have to worry about coming home someday to find my place peeled clean by tweakers.

Vinyl doesn't say white trash at all. Plenty of half mill plus places around here with it. What does say white trash? Besides aluminum, there is T-111 and asphalt shingles which were such the rage on big old triple deckers here in the northeast sometime back around when wolfman was a kid. Then there is my favorite, some sort of sheathing or housewrap. You see that shit all the time in rural parts where cooter added on to his single wide with whatever he ound at the dump, but, seeing as he can't find enough vinyl there he is going with tar paper or maybe that house wrap stuff that most of us have UNDER our chosen siding.

Our house has been around since Wolfman was a kid, maybe (but probably not) even a little before then (it was built in 1915). What's covering it? Asbestos.

I'd give my left nut to get the asbestos off and replace it with vinyl siding, but I fear that removing the asbestos would make it even more dangerous.

[BSmack]

Our house has been around since Wolfman was a kid, maybe (but probably not) even a little before then (it was built in 1915). What's covering it? Asbestos.

I'd give my left nut to get the asbestos off and replace it with vinyl siding, but I fear that removing the asbestos would make it even more dangerous.

One of the houses we looked at before this last one was wrapped in asbestos. They tell you its safe but... it's freakin asbestos.

And yea, removing asbestos is a Grade A clusterfuck of permits and expenses.

http://ehso.com/ehshome/asbestoshomeshingles.php

[Goober McTuber]

A permit is a fish. Just sayin'.

[warren]

You should make your offer contingent upon the seller's ability to convey good marketable title.

2nd, and I would give them a limited time to provide that.

Here in Texas they call that "title insurance."

They will perform what we also call a "title search" and come up with an "abstract of title." Which is meaningless because they won't insure unless there's "clear title" anyway.

That's just in Texas though.

[XXXL]

Fraudulent transfers in Cali are actionable provided that the transfer occurred within two years prior to making the claim.

It would then depend on the amount of consideration and whether the value was at market levels.

Sometimes, transfers that occur within the two year period can be upheld if there is a valid business purpose for the transfer.

Asset protection, if properly approached or done prior to the bad act, is something to think about if your net worth puts you at risk for potential liability during and after your lifetime...


To answer your question, it would be helpful to have facts as to how far back the QD to the parents was effected...

[smackaholic]

Our house has been around since Wolfman was a kid, maybe (but probably not) even a little before then (it was built in 1915). What's covering it? Asbestos.

I'd give my left nut to get the asbestos off and replace it with vinyl siding, but I fear that removing the asbestos would make it even more dangerous.

One of the houses we looked at before this last one was wrapped in asbestos. They tell you its safe but... it's freakin asbestos.

And yea, removing asbestos is a Grade A clusterfuck of permits and expenses.

http://ehso.com/ehshome/asbestoshomeshingles.php

Why is it everybody gets in a panic when asbestos is mentioned? You know what, asbestos is a damn good material for insulating steam pipes. Better than whatever replaced it. It also makes a pretty damn good siding material, just make sure you keep the paint in good shape.

Asbestos on the side of your hizzous is not gonna hurt anybody, until some fukkin' idiot gets the notion to rip it off which causes it to become airborne dust which is a problem. Don't like the look or maintenance? Then side right over the fukking top of it. My sis in law has an old bouse, 1875, I think. It has asbestos shingle siding that is in perfect shape. She wants to rip it off and restore the clapboard underneath. I told her she was a fukking idiot. If you like clapboard, buy some new one, sheath the place with an insulating board and clapboard over. This will get the exterior wall R factor up to something respectable.

And Terry, your situation is not typical. Most folks will have 1-3 kids within a fairly close age group. Odds are pretty fair that 2 of them will be the same sex. They can share a room. If granny wants to move in, tell her that god made this place called florida where old folks go to die ('sup wolfie) and why the fukk was she still there. Actually, I am all for having granny gramps live with you. It is a great experience for them and the grand kids and can be good for you as well if you're lucky. I would finish off my walkout basement in a minute and have my mom in law move in. Trouble is, I get along better with her than her daughter does.

So, assuming you are typical and have 1-3 kids within 6-7 years of one another, you don't have an inlaw moving in and you have fewer than 12 pets, a 3 bdrm, 1300 sq ft ranch with a basement (for the man cave) is good enough. For those of you poor saps that live in basement free zones, You may want a few more ft/bigger garage.

[Goober McTuber]

And Terry, your situation is not typical. Most folks will have 1-3 kids within a fairly close age group. Odds are pretty fair that 2 of them will be the same sex.

Let’s examine this statement.

If you have 1 kid, the odds that 2 of them will be the same sex are zero.

If you have two kids, I believe the odds that 2 of them will be the same sex are 50/50.

If you have 3 kids, the odds that 2 of them will be the same sex should be 100%. I hope.

Overall, that’s about 50/50.

As for granny moving in, no fucking thank you.

[Goober McTuber]

You know, I wasn't too sure about the two kids thingy, I just figured it could be boy-girl, girl-boy, boy-boy or girl-girl. Hence the 50/50.

I'm pretty confident on the other two scenarios, though.

[smackaholic]

Forgive my poorly worded statement. Anything I type before my third cup of joe in the morning is likely to read like a gunslinger post.

The point I was attempting to make was that a 3 bedroom pad of no more than 1300 sq ft should be just fine for the large majority of todays families. You may have 2 kids sharing a room. BFD. That used to be the norm. Today it seems to be treated as a hardship.

[Dinsdale]

Why is it everybody gets in a panic when asbestos is mentioned?
Asbestos on the side of your hizzous is not gonna hurt anybody, until some fukkin' idiot gets the notion to rip it off which causes it to become airborne dust which is a problem.

Like they say in the industry -- Don't asbestos abate(or lead-abate)...encapsulate.

There's two types of asbestos, fibrous, and granular. Neither is toxic in the slightest. Granular asbestos never hurt anyone, and it's still in use. Fibrous asbestos poses a risk to a small percentage of the population because it has tiny barbs, and if inhaled, the lungs have a tough time expelling it, and in that small percent of the population who are sensitive, the constant irritation to the same spot in the lungs is what can cause the cancerous growths...;not because of any inherent "toxicity" of asbestos, since it's nontoxic, and all-but inert.

If the shit ain't crumbling and getting airborn, then it's fine right where it is. Don't fuck with it, and just keep it encapsulated.


And I won't even get into the scam that is the anti-smoking lobby....how many of those lung-cancer deaths deemed "smoking related" were from people who lived in houses with failing asbestos? Oh...they don't keep stats on that, yet want to pass legislation based on junk science. Remember...the MAJORITY of nonsmokers die of "smoking related illness."

[Dinsdale]

If that's wrong, I don't wanna be right!

Sin,

Carbon Trading Caps

Another funny along those lines -- In Oregon, our idiot in charge, Teddy The Spender, came up with this brilliant plan to reduce smoking, AND fund universal health care for all children...

By raising the tax on cigarettes by $0.85 a pack.

Bueller? Class?.


I think citizens and non-reactionary legislators are doing their best to try and explain to him why he's a fucking retard, but I don't think it's working. At least he's putting all of his efforts into a plan that if successful, will be a failure, by definition.

The lunatics are running the asylum.

And of course, all of the people who run lottery gaming establishments(for the state-run video poker and slots), have all reported sharp decreases in revenues after implementing smoking bans in their establishments(they're trying to take away a business owner's freedom to choose whether his establishment is smoking or not, free market and freedom of choice be damned), which would create severe shortfalls in other state funds.

They guy is a card-carrying tard. Yet they're still debating whether to end the "corporate kicker" checks, which give refunds(about two years after the fact) to corporations that overpay estimated tax...despite that the economists that represent both parties, who never agree on ANYTHING, both think it's the stupidest fucking financial program the state has.

Unfortunately, for the first time in a long time, the dems control both sides of the house and the guv's office...scary. Things are much better when they're att odds, and get nothing done, rather than get unilateral support for their evil.


"If we tax smokers through the nose, they'll all quit! And the extra revenue from that tax will create hundreds of millions in funds for health care for children!!!"....just fucking brilliant. Not sure how these guys even passed a high school economics class. But that's our state's new economic model. Genius. And they still haven't done anything towards verifying legal status to get a driver's license...which now renders it useless as valid ID outside of Oregon...fucking tards.

[Mississippi Neck]

As for the square footage, for the time being it is just my wife and I. And even with the eventual children, the space will not be a problem for at least 7-10 years.

That's a big enough house for two people. But throw in a few children and you'll suddenly feel very cramped. You won't last 7-10 years unless you're planning to wait almost that long before having kids.

As long as the wife is happy and the basement stays the Man Cave I intend it to be, we'll be good. It helps that we're not pack rats.

3... 2.... 1...

What's a basement?

sin

Floridians

Could you throw in "Whats a furnace?" as well

[Terry in Crapchester]

And Terry, your situation is not typical. Most folks will have 1-3 kids within a fairly close age group.

No argument there (although, as divorce and remarriage becomes more common, a significant age gap between children in the same household is not as unusual as it once was). In any event, I was just pointing out that your "make the kids share a bedroom" suggestion is not the fix-all you apparently thought it was.

If granny wants to move in, tell her that god made this place called florida where old folks go to die ('sup wolfie) and why the fukk was she still there.

In our case, she provides childcare service so my wife can work. That saves us a small fortune in living expenses right there.

Actually, I am all for having granny gramps live with you. It is a great experience for them and the grand kids and can be good for you as well if you're lucky. I would finish off my walkout basement in a minute and have my mom in law move in. Trouble is, I get along better with her than her daughter does.

Same here. And I also get along better with her than I do with her daughter.

[Derron]

Hold on to your wallet Dins... if Sleepy Ted has his way, he will replace the state goverment radio system with a new one that costs..



665 million fucking dollars

just for the State goverment systemm.. the fish warp made it sound like they were replacing every 2 way radio in the state.... but fuck no....just the state system....

Fucking amazing... my little ole Nextels came me in touch with the crews just fine.. I was in San Antonio and they were in the U&L... just like being there.. for less than 665 million trillion billion dollars.

[Goober McTuber]

Another funny along those lines -- In Oregon, our idiot in charge, Teddy The Spender, came up with this brilliant plan to reduce smoking, AND fund universal health care for all children...

By raising the tax on cigarettes by $0.85 a pack.

Piker.

Sincerely,

Wisconsin Governor Jim Doyle, who just proposed a $1.25 increase in cig tax.