Keep Your Ownership Private with Real Estate Land Trust
Owning real estate is a tremendous advantage in our society, but it can also be a big liability which is why you need privacy. There are three reasons for private ownership – it’s none of your business what I own, it can help you avoid opportunists, and confidential transfers.
The County Recorder’s records are computer databases. The public can view these records online or in the office. The name of any property owner is readily available. What if there was a private alternative for you? It’s a real estate land trust.
Frivolous lawsuits are filed every year by contingency-fee lawyers on behalf of clients who are trying to steal your hard earned equity, in any or all of your real estate that’s readily visible. They’re creatures of opportunity. Keep a low profile from these pesky people using a real estate land trust.
When playing bridge or poker, do you show your cards or keep them to yourself? Why? And yet, when buying a property, few people think about or receive any quality advice about private title vesting. Your first line of defence is always privacy.
Private Owner Profiles
Although homeowners may use the real estate trust for their personal residence, they are generally the lowest risk owner. However, investors with income properties whether residential, commercial or industrial are at much greater financial risk. High profile public individuals are excellent candidates for using a private real estate land trust.
Reduce Predator Risk
Identity thieves and problem tenants can scheme to extort money from you. They’re creatures of opportunity. Even the media can cause you grief these days. Yet genuine liability can arise from personal accidents which is why you have liability insurance. If you have your real estate in your personal name, an LLC (Limited Liability Company), or even in a living trust, any busybody can visit the county recorder to identify you, and do simple math to estimate your net equity and total holdings.
Buyers and sellers of real estate generally encounter successful transactions. However, there are times when a dispute becomes a legal problem. When your property is purchased in or sold by a real estate land trust, you are personally and legally isolated from the transaction. This offers you a safety margin working toward any resolution.
Real Estate Professionals
All professionals in the real estate industry are aware of the significance of title vesting. A real estate land trust is best! However, in an escrow or pending transaction the question about vesting is often unanswered. Clients are advised to seek outside counsel by all parties assisting with the transaction. Except the client is already mentally overloaded with issues and under financial pressure. The thought of expending more time to independently seek out yet another individual for advice and then sorting through the options is overwhelming to most clients. We have the solution for them. Send your clients to our site and let them explore for themselves the best way to hold title.
In today’s complex financial world, a living trust is the bare minimum for vesting. If privacy is a sensitive issue, add the real estate trust. Agents and brokers themselves know how important this is to provide a higher quality transaction. Give your clients peace of mind about their real property ownership for today and their heirs for tomorrow.
Safety From Personal Finance Problems
Problems such as personal tax liens and civil judgements will not attach to property title owned by a real estate trust. This is because the legal owner is your fiduciary trustee. In a standard vesting situation, personal liens or judgments can attach to the property and instantly seize your equity. Or, you can buy, hold or sell real estate without effect from your temporary personal financial problems by using the real estate trust.
Different than an LLC
LLCs are your second line of defense. They are costly, involve annual filings and a great deal of paperwork, and are part of the public record. When selling, escrow will require all LLC authorizations and certificate of good standing. If it owns real estate, the owners easy to find and serve with legal papers. Owning real estate in your personal name or even a living trust also leaves you exposed to opportunists. Only the real estate land trust is truly stealthy, your first line of defense. It is the superior title method for owning and isolating your real estate with privacy.
Depending upon your operations, an LLC and a Real Estate Trust can complement each other.
Frustrate nosy people and litigants by placing each property into its own real estate trust (aka “Chicago Title Land Trust”). This trust is specifically designed to only hold real estate. It provides legal separation from you personally, and your other financial assets – this is very powerful safety.
Cash Buyers or High Equity Owners
If you paid $750k cash for a property and the transaction is recorded as such, that’s just like publishing your $750k bank statement online for anyone to see. And without any mortgage lien, all your equity is exposed naked. Didn’t anyone warn you of this reality? Anything can now happen – dog bite, broken window, slip and fall. This is an easy $100k contingency attorney case, a “lis pendens” recorded in first lien position. Your property is frozen – until you hire an attorney. With a real estate land trust, you can easily plan and often avoid this type of surprise.
Silent Ownership Transfers
Use the real estate land trust for confidential transfers of any portion of the ownership interest without a recorded deed. For example, you can gift half shares to two heirs. Or you can quietly sell the entire interest to a buyer. There is no need to record a deed. Depending upon the circumstances, this might give you a strategic advantage when selling because of low property taxes.
We discovered real estate land trusts as the result of a request two decades ago. A real estate investor once asked us if there was “anything better” than an LLC for holding title to his winery property. The answer was a real estate trust. The privacy and safety factors sold us. You now get the benefit of twenty years of practical experiences that followed.
The real estate trust has a 500-year history going back to English landowners in the Middle Ages. They originally used it to safely pass property onto their heirs and prevent capricious seizure by the king. It also provided insulation from personal problems with tenants, lawsuits, accidents, taxes, and the general public. Ownership was vested in a fiduciary (an individual trustee – or group of trustees). This tradition continues today. You can now take full advantage of these trust benefits.
“But My Attorney…”
As valuable as private trusts are for owning real estate, attorneys rarely know about them. Attorneys generally suggest a living trust or an LLC, because those are the instruments they know as dependable sources of income related to ongoing paperwork and legally required filings. A real estate trust is virtually the opposite. With a one-time setup, your property ownership is rendered invisible to the public with the real estate land trust, and never any maintenance fees or filings.
In the financial jungle of life, if an LLC is the hunter’s gun…is a trust the animal’s stealth? Which comes first?
Litigation: A machine which you go into as a pig and come out of as a sausage.
– Ambrose Bierce
Real Estate Land Trust, Living Trust and Heirs
You can transfer ownership of the real estate trust to anyone – to your living trust or outside your living trust. You can selectively transfer property ownership to children from a previous marriage, to a former spouse, a business partner, or a charity. It’s very flexible and private. You can change your distributions at any time without a lawyer, just a simple amendment. Perhaps this a good way to incentivize good behavior among your heirs?
Tap into the Unique Power of Trusts
To tap into the unique power of trusts for ensuring a secure financial future you need an expert, and we are the experts across a broad range of infinitely valuable private trusts. TrustArte is here to personally assist you. We’re here to educate you. We’re here to give you the financial privacy you not only deserve, but need.
Our Philosophy – Investment advisers, attorneys, accountants, hedge fund managers, family offices and individuals seek out James to design effective solutions for clients. This “open architecture” philosophy, which is reflected throughout our organization results in closer professional relationships.
Comparison of Owning Property
in Your Personal Name vs. Real Estate Land Trust
||Your Ownership is Concealed||✓||Sales Price can Remain Secret||✓||Quietly transfer ownership without
recording a new deed, avoiding
withholding and transfer tax||✓||Equity is safe from Personal Liens
and Civil Judgments||✓||Properties are isolated from
each other||✓||When buying, you might
retain previous owner’s tax base||✓||Can split benefits of Capital Gains
and Rental Income among multiple
parties||✓||Can provide protection against
pending judicial foreclosure||✓||