A conveyance of deed is the document that effectively transfers property from one person to the next. The deed may be a home, car or other asset. Setting aside the conveyance of deed refers to negating the transfer based on fraud. In order to set aside the conveyance, substantial proof must exist demonstrating that the transfer was done to either avoid creditors, deceived the buyer or seller.
Obtain all documentation supporting your claim that the conveyance was fraudulent. A sale to a spouse for less than market value to avoid a creditor's claim is fraudulent. Making claims on the asset that don't exist are fraudulent. Evidence that someone was coerced or pressured to sign the conveyance is also reason to set it aside.
Go to the county courthouse and ask the court clerk what forms you must file to obtain a judgment to set aside a conveyance of deed. Each state uses different forms. Complete the forms as a petition to the court including all documentation you have.
Attend the court date to defend your position. If enough proof is provided and no convincing arguments are made against your claims, a judgment is is issued to you.
File a writ of execution with the court after you obtain the judgment to reclaim the asset or be compensated for your loss in the transaction. The court clerk has the petition forms to file the writ based on your judgment. While the judgment sets aside the conveyance, you may not yet get financial restitution or be able to get the asset back without the writ.
Consult an attorney if you are unsure about your rights or how to pursue demonstrating fraud by the other party.
- Consult an attorney if you are unsure about your rights or how to pursue demonstrating fraud by the other party.
With more than 15 years of professional writing experience, Kimberlee finds it fun to take technical mumbo-jumbo and make it fun! Her first career was in financial services and insurance.