If you’ve done any real estate research lately, chances are you’ve come across information on land trust agreements. Such an agreement is relatively new and often underestimated. Choosing to close a deal through the incorporation of a land trust agreement is a simple and inexpensive way to turn over real estate ownership, especially if the buyer has the issue of who has actual title to the property.
A land trust agreement is basically an agreement between two parties in which the registered title to the real estate property is held by a trustee instead of the actual purchaser. Creating a land trust agreement involves the signing of a short-term trust agreement at the time the real estate is purchased between the beneficiary/owner and the trustee/owner. The beneficiary directs any action taken in connection with the property and the trustee complies. The beneficiary, who is the buyer, retains the use and exploitation of the property, and the income it generates. The trustee, on the other hand, who may be an attorney, law firm, bank, trust company, or other investor, owns the title and acts in accordance with the instructions of the new owner.
As for who can participate in such a deal, there really are no set limitations. Anyone who is willing and able to enter into a contract with an investor, whether as a trustee or beneficiary, may do so. Furthermore, the agreement does not have to be specifically between two individuals. An agreement can be with business partners, unions, as a joint venture or partnership, or with other groups that have a general interest in being involved in a potential agreement.
So you may be wondering what the buyer gains and has to gain if the title to the property is not in your name, when you seal the deal. This is where this type of arrangement gets creative. Although the title to the house or property is officially in the name of the trustee, the buyer as beneficiary is the actual owner of the physical property. As its owner, all rights, conveniences, responsibilities and duties attached to claiming ownership of the property are subject to the beneficiary or usufructuary. Although his interest in the property is normally not disclosed, his assumption of all responsibilities and liability for all events that may arise are stated and confirmed in the agreement.
So, in a nutshell, the beneficiary owns the property and acts as the owner of the recording title, but it is the trustee who officially owns the title. The beneficiary purchases and claims ownership of the personal property and maintains complete management and control of the personal property. Being the beneficiary also offers the advantage of not having to deal with any legal responsibilities, features and earnings related to the property.
The trustee’s responsibilities, in addition to giving his name to the title to the property, include taking care of all legal obligations, such as the execution of deeds and mortgages. But even in this area, the trustee is not left alone. Generally, he must act under the direction and authority of the beneficiary, who ultimately has control of the real estate.
The advantages of becoming the beneficiary of real estate are many. For example, because they control ownership of the property, the beneficiaries have the right to sell, assign, or pledge their interest in the property at their discretion. Also, if this is what they decide to do, these processes tend to be much easier to do than the more traditional and conventional methods, mainly because they officially control ownership of the property. Deeds are usually not needed to transfer interest in the property, and it is often done through an assignment.
Another advantage is anonymity. A land trust agreement can be seen as a kind of vehicle that allows someone to have title to real estate that is exempt from probate. Since the property is not officially disclosed to the public, the owner is protected. Beneficial ownership may sometimes come under legal scrutiny, but in general, the basic identifying information of the beneficiary is rarely in question.
This type of contract is very attractive for those who want to protect their privacy and identity in relation to the real estate in question. Since the actual ownership of the property is disguised, it is an optimal arrangement for real estate investors who may be the subject of litigation and who may have been sued in the past and want to prevent a similar scenario from happening in the future.
Probate ownership is yet another advantage. On behalf of the beneficiary, who receives ownership of the property, the financial status is not compromised if negative circumstances arise. There is also a greater sense of security for the benefactors involved. Partners or co-benefactors also do not have the ability to opt out of the arrangement, but ownership of the property may be transferred. Another positive is that there are no adverse tax consequences involved if ownership of the property is transferred to a revocable trust because the owner, or grantor, controls the property for tax purposes.
The owner is also protected on another level, especially if there is more than one beneficiary who can claim and control the property. The ease of multiple ownership is further magnified, considering that all necessary documents must be signed, notarized and recorded by the trustee and not by the beneficiaries involved, however many they may be.
Additionally, in cases where death, divorce, disability, or other legal lawsuits and disputes may become an issue involving one owner and not the other, a land trust agreement protects all owners individually. . For example, a potential judgment or lien could be imposed on the financial holdings of one owner of a specific property, the financial situation of the other owner(s) involved would not be affected accordingly.
Also, because the title is still in the name of the trustee, title to the property is not affected even if the beneficiaries are dealing negatively with claims and creditors. On the other hand, while claims against benefactors do not directly affect ownership of the property, income generated from assets belonging to the benefactor does have the potential to be affected by legal proceedings that may occur.
Another possible negative situation that can occur is the possibility that a creditor forces a beneficiary to cede his usufruct as a resolution of a legal matter. For reasons such as those mentioned above, it is very important to ensure that both irrevocable domestic trusts and foreign asset protection trusts that are prepared include sections that ensure that the rights of all involved beneficiaries are not compromised and that a creditor is not can get power. ownership of the real estate in question.
As with any other agreement, it is imperative to research the rules and regulations that are applicable within each state. Although land trust agreements are legal and commonly used in states like Illinois and Florida, they are illegal in others. There may also be laws that could be associated that may require the administration of land trust agreements to be executed by commercial trustees, such as banks or trust companies. It is also highly recommended to seek the legal advice of an attorney regarding all necessary documents and procedures.