California Penal Code 531 PC
PC 531 – Participating in a Fraudulent Conveyance
Participating in a Fraudulent Conveyance – Table of Contents
It is unlawful any person take make a fraudulent conveyance, or assignment of a benefit or obligation any interest in real or personal property with the intent to defraud another of their lawful rights to any preestablished right to a contract, or judgement by the Court as judgement creditor.
What is the definition or real or personal property as defined under PC 531?
Real property includes a claim of lawful right to, ownership, or possession of land; which includes the minerals, quarries and mines associated to the land, as well as all rights and privileges pertaining to it; and improvements made.
Personal property includes any household items, jewelry, fixtures, ornaments, furnishings, automobiles, boats, or precious metals, common coin or currency that is issued by a government authority.
What is the definition of a conveyance as defined under PC 531?
A conveyance is the embrace of any written instrument denoting a real or personal property interest between one or more parties, for which the interest pertains to an assignment of reciprocal benefits and obligations to the property specified.
Real or personal property can be conveyed a deed, lease, mortgage, trust, escrow or general contract.
What is the definition of fraudulent as defined under Penal Code 531 PC?
Fraud is a misrepresentation of fact that is the subject matter to a transaction that that is of legal significance between two or more parties. Specifically, one party assumes the misrepresentation as true and relies on those assertions to their detriment for another’s personal gain.
What is a judgement creditor as defined under Penal Code 531 PC?
A judgement creditor is a plaintiff or a party to a claim of a petition filed in civil court pertaining to a cause of action that includes real or personal property; of which that person has a claim of right to the real or personal property that was declared by court order; and is now being enforced by a plaintiff as a creditor. Once the judgement is finalized as a granting order that party is now a judgement creditor and enforce the judgement by filing a writ of execution to enforce the order. Once the writ is granted the judgement creditor can take it to the Sheriff for enforcement.
What is the mental state required for a violation of Penal Code 531 PC?
The mental states required for a violation of Penal Code 531 PC is purposeful. Purposeful is the conscious desire to do an act but understanding the circumstances that might result from the act’s completion. As applied to Penal Code 531 PC, the State must prove beyond a reasonable doubt, that the accused, was consciously aware that they were facilitating in any capacity to convey an interest dealing with personal or real property with another; and was consciously aware that this was the assenting interest of another who sought the accused services; and the accused consciously desired to misrepresent the nature and quality of the conveyance knowing that doing so was unlawful; and consciously understood the misrepresentations were the material essentials to induce another to transact to their detriment, for the personal gain of the accused; and reasonably understood the circumstances that would result.
A violation of Penal Code 531 PC can be charged as a misdemeanor. Penalties include confinement not exceeding 1 year in jail, with fines not exceeding $5,000 dollars.
What are the examples of violations of Penal Code 531 PC?
Gabe was a real estate broker, who found a piece of property out in the country. The very next week he went to the County Clerk’s office in City Hall and discovered that the property had a judgement lien against it for failing to pay taxes. Gabe offered the homeowner the value of the judgement lien against the home in exchange for the property. The owner promised to pay the debt. The owner did not pay the debt. Nor did Gabe investigate to see the outcome. The owner transferred the title and deed to Gabe. Gabe recorded the deed and title at the county clerk’s office. The owner left the United States. Gabe then sold the home to a couple. The couple did a title search on the home and found the judgement was remaining and wanted their money back. Gabe refused. The couple called the police. Gabe was arrested.
What are examples of violations of Penal Code 531 PC?
- The accused was a bona fide purchaser in good faith who with actual and constructive notice could not ascertain the fraudulent details associated with the transaction.
- The property was abandoned as classified by law.
If you are charged with a violation of Penal Code 531 PC, call The Esfandi Law Group, APLC. Contact Los Angeles criminal defense attorney Seppi Esfandi, principal attorney of The Esfandi Law Group, APLC.
Need a Criminal Defense Attorney? CALL NOW: 310-274-6529
Seppi Esfandi is an Expert Criminal Defense Attorney who has over 20 years of practice defending a variety of criminal cases.
What Our Clients Say
Very sharp and very detailed! Thanks Paul you're one of the best in the business and you set an excellent example of a good quality attorney that cares!- Erick Glover
Chris demonstrated both a compassionate ear as well as a logical, realistic approach to the issues that arose. He consistently responded quickly to both email and phone correspondence.- Bonnie Tova
Chris has handled my contentious divorce case for the last year. He has listened to me and guided me along the way through the court system. I highly highly recommend him.- P.K.
Chris Moore was always extremely diligent and 'on point' with me every step of the way. He was honest, respectful, straightforward, and very competent. He exceeded my expectations.- D.A.