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    pizza2415's Avatar
    pizza2415 Posts: 1, Reputation: 1
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    #1

    Nov 26, 2009, 06:58 AM
    Commercial Mortgage Short Sell Unconditional Guarantor Primary Residence
    I purchased a rather large piece of commercial property 5 years ago the banks holding a 1.86M that just matured. They no longer wish to finance me and have given me a 6 months forbearance term sheet. I have an unconditional guarantee against the note. They have ordered a quik sale appraisal. If the appraisal comes in at less than 1.86M and we short sell they can come after my personal assets for the difference. In No. Carolina I believe only 18K per spouse is protected against these motions on primary residences. My question is if I were to sell my house and move around my assets to my children could this be construed as a fraudulent conveyance as it would with bankruptcy... Pat
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #2

    Nov 26, 2009, 08:27 AM

    If your bank agrees to a short sale, then that should preclude them from attempting to levy any further liens or judgments against you. Have an attorney carefully check any agreement or contract before entering into it. I wouldn't go to such lengths as conveying your assets to your kids or anything like that, at least not without speaking with an attorney who could maybe advise you as to the existence of any legal loopholes, if any such things exist.
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