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Bill

S 4238

Compels the delivery of real property subject to a fraudulent transfer to the person entitled thereto

2025 Regular Session Introduced by Kevin Parker

Bill S 4238 ensures individuals wrongfully deprived of property due to fraud can reclaim it, strengthening protections against fraudulent transfers and enhancing property rights.

REFERRED TO JUDICIARY
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WeVote Research Nonpartisan
Bill Summary · S 4238

Summary of Bill S 4238

Bill Information

  • Bill Number: S 4238
  • Title: Compels the delivery of real property subject to a fraudulent transfer to the person entitled thereto
  • Status: Referred to Judiciary
  • Introduced: February 03, 2025
  • Classification: Bill

Purpose and Intent

Bill S 4238 aims to address issues related to fraudulent transfers of real property. The primary intent of the bill is to ensure that individuals or entities who have been wrongfully deprived of their property due to fraudulent actions can reclaim their rightful ownership. This legislation seeks to strengthen the legal framework surrounding property rights and enhance the protection of individuals against fraudulent conveyances.

Key Provisions

  • Compulsion of Delivery: The bill mandates that real property, which has been transferred under fraudulent circumstances, must be returned to the rightful owner.
  • Definition of Fraudulent Transfer: While the bill does not explicitly define "fraudulent transfer," it is generally understood to include any transfer of property made with the intent to hinder, delay, or defraud creditors or other parties.
  • Legal Recourse: The bill provides a legal mechanism for affected parties to reclaim their property, potentially streamlining the process for filing claims and obtaining restitution.

Affected Parties

  • Property Owners: Individuals or entities who have lost property due to fraudulent transfers will benefit directly from this bill, as it provides a clearer path to reclaiming their assets.
  • Legal System: Courts and legal practitioners will need to adapt to the provisions of this bill, which may lead to an increase in cases related to property disputes and fraudulent transfers.
  • Creditors: Creditors may find their rights and claims better protected under this legislation, as it aims to prevent fraudulent transfers that could undermine their ability to collect debts.

Procedural Aspects

  • Current Status: As of February 03, 2025, the bill has been referred to the Judiciary Committee for further consideration.
  • Related Legislation: This bill is related to prior-session bills S 4638, S 4997, and S 6196, which may address similar issues regarding property rights and fraudulent transfers.

Conclusion

Bill S 4238 represents a significant step towards protecting property rights and ensuring that individuals wrongfully deprived of their assets can reclaim them. By compelling the return of real property subject to fraudulent transfers, this legislation aims to enhance legal protections and promote fairness in property transactions. The bill's progress through the Judiciary Committee will be closely monitored as it moves forward in the legislative process.

Compiled from official sources — confirm details with the bill’s official record.

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