{"id":12073,"date":"2018-01-12T07:07:47","date_gmt":"2018-01-12T07:07:47","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=12073"},"modified":"2018-01-16T15:17:35","modified_gmt":"2018-01-16T15:17:35","slug":"transfer","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=12073","title":{"rendered":"Transfer – negotiation of an instrument according to the forms of law: the four methods of transfer are by indorsement, by delivery, by assignment, and by operation of law:"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0\u00a0 This page is continued from Legal Instruments<\/a> >>>> Negotiable Instruments<\/a> >>>> Negotiable<\/a>:<\/span><\/strong><\/p>\n

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transfer<\/span>:<\/span><\/strong>
\nn. (14c)<\/span><\/p>\n

1. Any mode of disposing of or parting with an asset or an interest in an asset, including a gift, the payment of money, release, lease, or creation of a lien or other encumbrance.\u00a0 * The term embraces every method \u2014 direct or indirect, absolute or conditional, voluntary or involuntary \u2014 of disposing of or parting with property or with an interest in property, including retention of title as a security interest and foreclosure of the debtor\u2019s equity of redemption. <\/span><\/strong><\/p>\n

2. Negotiation of an instrument according to the forms of law.\u00a0 *\u00a0 The four methods of transfer are by indorsement<\/a>, by delivery, by assignment<\/a>, and by operation of law. <\/span><\/strong><\/p>\n

assignment<\/span><\/a> – the transfer of property or right in property, or the instrument of such transfer.<\/strong><\/span><\/p>\n

indorsement<\/span><\/a> – the signing of one’s name on the back of a negotiable instrument, by which a person transfers title to the paper to another person, usually to guarantee payment.<\/strong><\/span><\/p>\n

3. A conveyance of property or <\/span><\/strong>title from one person to another.<\/strong> [1]<\/span><\/p>\n

1. A delivery of possession. A passing of title or ownership. A bill of sale; a deed. A sale. An assignment. Every means and manner by which property can pass from the ownership and possession of one person to the ownership and possession of another, either by act of the parties or by operation of law, or both. 42 Am J 151 Prop \u00a7 54<\/span>. <\/strong><\/span><\/p>\n

Under the Bankruptcy Act, the sale and every other and different mode, direct or in-. direct, of disposing of or of parting with property or with an interest therein or with the possession thereof, or of fixing a lien upon property or upon an interest therein, absolutely or conditionally, voluntarily or involuntarily, by or without judicial proceedings, as a conveyance sale, assignment, payment, pledge, mortgage, lien, encumbrance, gift, security, or otherwise, including the retention of a security title to property delivered to a debtor.\u00a0 Bankruptcy Act \u00a7 1(30); 11 USC \u00a7 1(30). <\/strong><\/span><\/p>\n

A ticket or token given by a carrier to a passenger which entitles him to transportation upon another line of the carrier.<\/strong> [2]<\/span><\/p>\n

1. Placing property in the hands of another; passing property from the ownership or possession of one person to the ownership or possession of another, whether by the act of the parties or by operation of law.\u00a0 (EXAMPLES: a conveyance; a deed; a mortgage; a bill of sale; a payment; an indorsement; a pledge; a lien; an encumbrance; a gift; a security; an assignment.)\u00a0 “Transfer of ownership” and “transfer of title” are synonymous terms.<\/span><\/strong><\/p>\n

2. The instrument or document by which ownership or possession is passed from one person to another.<\/span><\/strong><\/p>\n

3. The act of moving anything from one place or person to another.<\/strong> [3]<\/span><\/p>\n

transfer<\/span>:<\/span><\/strong>
\nvb<\/em>. (14c) <\/span><\/p>\n

1. To convey or remove from one place or one person to another; to pass or hand over from one to another, esp. to change over the possession or control of. <\/span><\/strong><\/p>\n

2. To sell or give.<\/strong> [1]<\/span><\/p>\n

1. To place property in the hands of another. Culbertson v Cabeen<\/em>, 29 Tex 247<\/span>. <\/span><\/strong><\/p>\n

To pass title. New Home Bldg. Supply Co. v Nations<\/em>, 259 NC 681, 131 SE2d 425<\/span>. <\/span><\/strong><\/p>\n

For some purposes, to transfer legal title. Lyons v Freshman<\/em>, 124 Mont 485, 226 P2d 775, 23 ALR2d 1165<\/span> (under the Uniform Stock Transfer Act).<\/strong> [2]<\/span><\/p>\n

1. To move, pass, or convey something from one person to another and, particularly, to shift title or possession of property.<\/strong> [3]<\/span><\/p>\n

Various Types of Transfers:<\/strong><\/span><\/p>\n

colorable transfer<\/span>:<\/strong><\/span> (1812) A sham transfer having the appearance of authenticity; a pretended transfer.\u00a0<\/strong> See ILLUSORY-TRANSFER DOCTRINE.<\/span><\/p>\n

constructive transfer<\/span>:<\/strong> <\/span>(1852) A delivery of an item esp. a controlled substance \u2014 by someone other than the owner but at the owner\u2019s direction.<\/strong><\/span><\/p>\n

incomplete transfer<\/span>:<\/strong><\/span> Tax<\/em>. A decedent\u2019s inter vivos transfer that is not completed for federal estate-tax purposes because the decedent retains significant powers over the property\u2019s possession or enjoyment.\u00a0 *\u00a0 Because the transfer is incomplete, some or all of the property\u2019s value will be included in the transferor\u2019s gross <\/strong><\/span>estate. IRC (26 USCA) \u00a7\u00a7 2036-2038.<\/span><\/strong><\/p>\n

inter vivos transfer<\/span>:<\/strong> <\/span>(1930) A transfer of property made during the transferor\u2019s <\/strong><\/span>lifetime.<\/strong> <\/span><\/p>\n

mobile transfer<\/span>:<\/strong><\/span> See MOBILE MONEY.<\/span><\/p>\n

testamentary transfer<\/span>:<\/strong><\/span> (1887) A transfer made in a will.\u00a0 *\u00a0 The transfer may be of something less than absolute ownership.\u00a0<\/strong> Cf. testamentary gift under GIFT.<\/span><\/p>\n

transfer in contemplation of death<\/span>:<\/strong><\/span> See gift causa mortis<\/em> under GIFT.<\/span><\/p>\n

v transfer in fraud of creditors. ( 1883) A conveyance of property made in an attempt to prevent the transferor\u2018s creditors from making a claim to it.<\/span><\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

\u00a0\u00a0\u00a0\u00a0\u00a0 This page is continued from Legal Instruments >>>> Negotiable Instruments >>>> Negotiable: **************************** transfer: n. (14c) 1. Any mode of disposing of or parting with an asset or an interest in an asset, including a gift, the payment of money, release, lease, or creation of a lien or other encumbrance.\u00a0 * The term embraces … Continue reading Transfer – negotiation of an instrument according to the forms of law: the four methods of transfer are by indorsement, by delivery, by assignment, and by operation of law:<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":12020,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-12073","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/12073","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=12073"}],"version-history":[{"count":5,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/12073\/revisions"}],"predecessor-version":[{"id":12177,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/12073\/revisions\/12177"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/12020"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12073"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}