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This Special Report will explain
the creation and uses of land trusts to provide you with the privacy and
protection you deserve.
Let's take a close look at our
world today. Everyday, thousands of lawsuits are filed in courts across the
country. People are suing for anything their lawyers can create. Lawyers
advertise on television to encourage people to pursue their dreams of getting
rich quick. These people do not want or intend to work to get rich, however.
They want to get their money the old fashioned way - by taking it from you by
whatever means necessary. The "have nots" dream of getting rich by taking from
the "haves." The "haves" feel like targets with everyone taking potshots at
them.
Real estate investors are
particularly vulnerable for two reasons. The first is that the real estate
ownership is shown in the public records for anyone to find. The second is that
any judgment against you immediately becomes a lien against all your real
estate. What this means is that any lawsuit against you could potentially
result in all your real estate being encumbered by a resulting judgment. This
judgment will lien your properties until you either pay it off or win a later
appeal. You will not be able to sell or mortgage your property until you pay
the judgment in full.
A judgment of any size will tie
up all your real estate until you deal with the judgment. If you appeal the
decision, the judgment will still lien the property. If you still lose after
taking all available legal action, then you must pay off the judgment. If you
do not pay off the judgment, the judgment holder or creditor can execute on the
judgment. This will give him the right to sell off your real estate as he
chooses. When these sales occur at auction, the property will not be sold for
fair market value. When you purchase property at a distress sale or a judicial
sale, you would not pay fair market value. You would only pay 50% to 70% of the
fair market value. When the creditor is in a position to force the sale of your
property, you will lose property after property until the creditor collects all
his money. You might have $500,000 in equity in your real estate, but a
judgment for $100,000 could result in you being wiped out.
By owning real
estate in your name, you give up
control of
your assets and you risk losing everything.
What's the answer? Should you
own your real estate in a corporation? On the surface, this seems to be a
logical response, but it doesn't really solve your problem. Your greatest risk
of being sued comes from owning real estate. If the corporation, as the owner
of the real estate, is sued, the resulting judgment will lien all the real
estate. You have gained nothing. Any other type of ownership will continue the
same problem.
The only way to protect your real
estate is to separate the ownership of the properties. Each property should be
owned by a separate entity. If you use corporations, for example, you would use
a different corporation to own each piece of real estate. This would be a
terrific way of protecting other properties from a problem occurring at one
property. The problem here is the enormous cost. You would have the initial
cost of forming these corporations. You would have the continuing expense of
annual accounting fees and state corporation taxes. The annual cost would be at
least $500 in most states. If you owned ten properties, you would be paying
$5,000 per year for this protection.
What you need is a manner of
ownership that provides for separate ownership of each property, gives you the
protection you desire, but doesn't have all the costs and complications
discussed above. You need is to own each property in a separate land trust.
To create a land trust, you enter
into a land trust agreement with a trustee you choose. You will then deed the
property into the trust. In the trust agreement, you will designate a name for
the trust. You can use numbers, the street address or any other name you
desire. I generally use the street name to minimize any confusion over which
trust owns which property. For example, I would place the property at 123 Main
Street into the 123 Main Street Land Trust and the property at 245 Park Place
into the 245 Park Place Land Trust.
By transferring each property (by
recorded deed) into a separately named land trust, you have separated the
ownership of the each property. You always have only one property in each land
trust.
Let's examine what happens now
when a tenant sues the landlord (property owner). The tenant files suit against
the 123 Main Street Land Trust since that is the name on her lease agreement.
She obtains a judgment which becomes a lien against only the 123 Main
Street Land Trust and any properties (only one) which it owns. She can only
collect from the trust. She only has a lien against one property. The other
properties are in the names of the other land trusts so a judgment against the
123 Main Street Land Trust will not lien them. You are free to sell or mortgage
your other property without being forced to pay the judgment. You are now in
control of your property. Now that you own real estate in separate land trusts,
you are in control of your property. Wouldn't you rather be in control?
If you are sued personally for an
alleged problem and lose, a judgment will be entered against you. This
judgment, however, will not become a lien on any real estate because you do not
own any real estate in your name. If you personally owned the real estate, this
judgment would lien all your property. The land trust gains you a tremendous
layer of protection from lawsuits, judgments and the resulting loss of control.
The land trust will make your
real estate ownership your private business.
The land trust agreement is not
recorded. Only the deed is recorded. Since the property is not titled in your
name, only you and the trustee know that you own it. The trust contains a
provision explicitly preventing the trustee from disclosing your ownership.
Why is privacy important? The
answer is based on this logic: if a person who wants to sue you cannot find any
assets, he probably isn't going to sue. His attorney will not take a
contingency case unless the attorney is going to get paid. The attorney doesn't
get paid if he wins. The attorney only gets paid if he collects money from
you. Attorneys don't line up to sue poor people. They fight for the right to
sue people with assets, especially easily accessible assets like real estate.
If you own real estate in your own name, you are almost begging to be sued. In
some cities, such as Buffalo, unscrupulous people publish lists of landlords and
divulge such things as the number of properties, the number of units and the
total value of real estate owned.
If I asked you to tell me how
much money you earned, or how much money you had in the bank, you would tell me,
"It's none of your business!" Yet, you have allowed your real estate holdings
to be available for all the world to see. Isn't it time to stop allowing
everyone know your private business?
The land trust
will allow you to assume and
obtain
mortgage loans without any personal liability.
When you are purchasing a
property and assuming an FHA or VA no-qualifying loan, you have previously
personally signed the note to the bank agreeing to be responsible for the loan.
When you use a land trust to purchase the property, the trustee signs the note
to the lender, not you. The trustee signs on behalf of the trust, not
personally, so he is not responsible for any payments. You haven't signed
anything or even given your name so you aren't responsible for anything. The
bank can't report the loan on your credit report. The bank can't sue you if you
fail or a subsequent purchaser fails to pay the loan. The bank can foreclose,
but you won't ever be named.
A similar scenario exists when
you purchase a property with seller financing. When the seller is holding a
mortgage, you want to avoid two things: personal liability and a due on sale
clause in the mortgage. At the closing, the trustee executes the mortgage and
note on behalf of the trust which is the purchaser of the property. The trustee
is not personally liable. You haven't signed anything so you can't be held
liable.
If the mortgage doesn't have a
due on sale clause, you now have created assumable financing. The seller has no
say about who purchases the property. You don't have to worry about the
purchaser making the mortgage payments because you are not responsible, only the
land trust has agreed to make the payments. In the event of a default, the
seller's sole remedy is to foreclose on the property. This is a great way to
buy and easily sell real estate for a substantial profit with no worry about the
deal "blowing up" on you in the future. You can more easily sell real estate
with no-qualifying assumable loans than any other type of real estate.
Wouldn't you rather have a land
trust liable for making mortgage payments and not you personally? Wouldn't you
like to be able to sell a property without worrying about something going wrong
in the future?
Let me take a few moments now to
quickly show you how land trusts are created. The land trust is a particular
type of living ,or inter vivos, trust which means this trust is created
and used while you are living. You create a land trust by signing a land trust
agreement between you and the trustee, and deeding the property to the trust.
The land trust agreement details the rights and responsibilities of the trustee
and you as the beneficiary. The land trust always remains a revocable trust
which means you can terminate or amend the trust whenever you choose to do so.
The trustee can be anyone you
trust. The trustee can be a family member, a friend, a lawyer, or anyone else.
The trustee's main responsibility is to hold the title to the property until you
direct him to transfer the property. The trust agreement and deed to the trust
provide the trustee with the necessary authority to act in whatever manner
necessary on behalf of the trust. The trustee is prohibited from acting,
however, except upon your specific written instructions. When you want the
trustee to take some action, such as deed the property to a new buyer, you
simply direct him in writing to do so.
The trustee is not personally
liable for any action he takes on behalf of the trust. You have the right to
fire the trustee if you ever desire to do so. The trustee can resign. In
either case, or if the trustee dies, you have the right to appoint a new trustee
of your choosing.
The land trust also provides for
the beneficiary. You are the beneficiary. As the beneficiary, you have the
right to direct the trustee how to deal with the title to the property, you have
the right to manage and control the property, and you have the right to receive
all the income and tax benefits of the property. As the beneficiary, you own
the trust which owns the real estate.
The land trust does not require a
separate tax return or a separate tax identification number. The trust is
"transparent" to the taxing authorities. The beneficiary of the land trust
reports the income and expenses on his tax return just as if the trust did not
exist. If a corporation was the beneficiary of the land trust, the corporation
would report the property's income and expenses on its tax return. If you
transfer your currently owned property to a land trust, no tax event occurs.
Your basis and tax reporting remain the same. Your ownership of real estate in
a land trust does not affect your ability to accomplish tax deferred exchanges
or, in most states, to get your homestead exemption.
Anyone or any entity can be the
beneficiary of the land trust, including persons, corporations, partnerships,
limited partnerships, limited liability companies and other trusts such as a
living trust. Your living trust should never own real estate directly. A
lawsuit arising from an incident on a parcel of real estate could lead to your
living trust, which contains all your assets, being sued and result in you
losing everything. Instead, your real estate should be owned in separate land
trusts and those land trusts should be owned by your living trust.
You can transfer your currently
owned real estate into land trusts and immediately gain protection and privacy.
In most states, no transfer taxes are due on the transfer of a property from you
into a trust owned by you. As soon as you record the deed, the property is
owned by the trust. Your protection begins immediately. Any judgment entered
after the recording date can't become a lien unless it is against the trust
which owns the property.
An obvious concern when you
transfer your existing property into a land trust is the due on sale clause in
your mortgage to the bank. Federal law provides an exception to the due on sale
clause for the transfer of your property into a land trust as long as the real
ownership of the property doesn't change. You can transfer your property into a
land trust and the bank can't call the mortgage due. The bank still maintains
its lien position and can foreclose if you fail to pay.
You can assign your beneficial
interest in the land trust without recording a deed. This transfer of
beneficial interest is accomplished by using an Assignment of Beneficial
Interest which, when signed by you, changes the ownership of the trust to
whomever you choose. This transfer is effectively a sale of the real estate
owned by the trust and should be reported on your tax return. When the
beneficial interest is transferred to a purchaser, nothing is recorded so there
is no public knowledge of the purchaser. This purchase is made in complete
privacy. Likewise, no one is aware of the sale by the former owner.
Land trusts
allow you to "beat" the due-on-sale clause.
Since a person has the right
under federal law to transfer his real estate into a land trust without
violating the due on sale clause and he can transfer his beneficial interest to
a purchaser without recording anything, that person can sell his property
subject to the mortgage without the bank finding out about the sale. This
transfer does violate the due-on-sale clause, but the bank rarely discovers the
sale because the bank isn't diligently checking to see if the property was
sold. The bank simply keeps track of the mortgage payments coming in. The
seller is still personally liable for the mortgage. In the event any payments
are missed, the seller's credit will suffer. If the bank foreclosed on the
property, the buyer wouldn't be named in the lawsuit and wouldn't be personally
liable for the loan.
You would rarely choose to sell
your property in this fashion. This is a great way to buy property, however.
Many desperate sellers are trapped in properties encumbered by conventional
mortgages. A common scenario goes like this: the seller owns a house worth
$50,000. He owes $32,000 on his first and only mortgage. He hasn't worked in 6
months and he is now 4 months ($2,000) behind on his mortgage payments. Like
many people in his situation, he has not really attempted to sell his house
before talking to you. The seller is concerned with two things and two things
only. The first is the $1,000 he needs to be able to move to Texas where he has
been promised a job. The second is the damage being done to his credit. He
knows he will have a lot of trouble ever getting a new mortgage if he allows the
bank to foreclose on his current mortgage.
Most people would discover this
seller with his conventional mortgage and do nothing. You are now armed with
superior knowledge and the ability to make a deal which benefits you and the
seller. The deal is simple. You agree to pay the seller the $1,000, pay his
unpaid payments of $2,000 and make all future payments until the mortgage is
paid in full. The seller jumps at this deal. You can close as fast as you can
raise $3,000.
The closing goes this way since
you have prepared the documents in advance. The seller signs a land trust
agreement with a trustee you choose. The seller signs a deed which will
transfer the property into the land trust. The seller assigns the beneficial
interest in the land trust to you. Your trustee and the seller sign the
settlement statement. The seller receives his $1,000 and the $2,000 is sent to
the bank. You now own a property worth $50,000 subject only to a $32,000
mortgage. You have no personal liability for the loan. No one knows you bought
the property. If the bank questions the seller, he explains how he transferred
the property into trust.
You may think deals like this are
a fairy tale. They're not. This type of deal is done by someone every day. If
you're not buying houses like this, you are missing out on some easy money.
Let me tell you a little bit
about myself. I practiced law for ten years in Pittsburgh, Pennsylvania,
specializing in real estate, business and asset protection. In 1995, I moved to
Florida to actively pursue sharing valuable information like this report with
entrepreneurs across America.
I have been
called, "The man who has made and
saved
thousands of people millions of dollars."
I speak to thousands of people
each year and teach them how to maximize their incomes, reduce their taxes and
provide bullet-proof protection for their assets. I write reports like this and
courses like the one described below to share with you the information necessary
for you to protect yourself, your family and your assets.
Right now, you're probably
thinking that this land trust idea seems to be a fairly good one. Obviously,
there must be a catch. There is, but it's fairly simple. You have to prepare a
separate land trust for each property. That's the only catch. How do you do
that?
You could go to an attorney who
is experienced and skilled in the preparation of land trusts and their use in
the real estate investment arena. If you could find such an attorney, which is
tough, he would charge you at least $500 for each land trust. If you can't find
a knowledgeable attorney, which is likely, you will have to pay dearly for one
to do the required research.
Or you could obtain the
standardized land trust forms, spend a few minutes learning how to complete
them, save yourself hundreds of dollars and gain the protection and privacy that
land trusts can give you. Even if you wanted an attorney to prepare or review
the documentation, you would surely drastically reduce your attorney's fees if
you provided the forms and the directions on their use to your attorney.
I have reduced and distilled the
essence of the land trust and its use into language anyone can understand. The
result is my course, "How to Protect Yourself and Reduce Your Taxes Using
Trusts." The course contains a complete explanation of land trusts, living
trusts and wills in a 157 page manual which includes easy-to-use,
fill-in-the-blank forms for land trusts, living trusts and wills; six (6) hours
of cassette tapes which detail the information, review every paragraph of each
form and answer every question anyone could ask; and a computer diskette which
contains all the forms formatted for use with any word processing program you
may have. By using the computer software or the fill-in-the-blank forms, you
will be able to quickly prepare multiple land trusts to give you the protection
and privacy you deserve.
By the way, the forms do come
blank so you can fill them in. Of course, it would be nice if you knew what to
put in the blanks. That's why I also include a set of forms which are already
completely filled out. Plus, I review each paragraph and blank of each form on
tape so you'll understand it. This way, it's very easy for you to complete the
forms.
Anyone can understand this
course. Anyone can use this course. Anyone can complete the forms. The course
contains complete instructions that lead you step-by-step through the
fill-in-the-blank forms.
I can't make it any easier than
this. I give you all the information and all the forms. The cassette tapes
will answer all your questions and review the forms paragraph-by-paragraph.
Isn't it time for you to take the
steps necessary to protect yourself and your family? Don't you want to take
control of your life and your assets? Don't you want to know that no one can
take control away from you? I am providing you with the tools to protect
yourself and maintain control of your assets.
Now that I've told you how to
protect yourself, I never want to hear from you that you didn't take the steps
to do so. I don't want to hear how you lost two or four or ten million
dollars. What I want to hear is how you saved and protected your assets from
some slimy lawyer and his client who were trying to unjustly take your money.
Shawn Casey's "Millionaire Success System" includes
- How to Protect Your Assets and Reduce Your Taxes Using Trusts
- How to Create and Use Corporations
- The Ultimate Asset Protection System
- How to Never Pay Taxes When You Sell Real Estate
This is a $1588 value all for only $997
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