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Does transferring property to an LLC affect surplus claims? | NC

Pierce Law Group

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Q: Does transferring a property interest to an LLC affect who can claim foreclosure surplus funds? A: Yes. A valid transfer made before foreclosure may allow the limited liability company to claim the transferring owner’s share of the surplus. But the company receives only the interest that person actually owned. The claim may still be subject to prior liens, estate creditors, recording rules,…

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