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Marcadis Blog

Fraudulent Conveyance – Second In A Series

Overview

A Conveyance is considered fraudulent if it is made with the actual intent to prevent, obstruct, or defraud any lender. Therefore, if a transfer is made with the specific intent to avoid satisfying a legitimate debt, then actual intent, in fact, exists. However, deciding to pay one debt over another is not considered a fraudulent transfer.

There are 2 types of fraudulent transfer, constructive and actual transfers. The real difference between the two kinds of fraud is the intentions of the debtor.

 

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