Land Trust On Personal Home

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I know I can put my personal home in a land trust but does anyone know if it can still do what it is suppose to do-Asset Protection? Would a lein against me personally attach to the property still? smile

Comments(4)

  • JohnMerchant12th February, 2004

    A RE trust has some real benefits, but insulation from liabilities is NOT one of them.

    Unlike a corp or LLC, which does protect its owners in that a Judgment against the corp or LLC can normally NOT carry over against the stock or share holders of the corp or LLC.

    Simple example to remember: The big J against Exxon a few years back. Did that J carry over against its stockholders? Of course not.

    All the stockholders would have noticed that year or the next was maybe a drop in their dividends, but none of them had to cough up $$$ to pay that J, as a stockholder or LLC member is NOT personally liable for J against or debts of the corp itself.

    So let's say somebody gets a J against your LLC for $1M, but the LLC has only $100k...normally, if the LLC has carefully documented its activities, kept minutes, had meetings, treated itself as a REAL business entity...the J creditor cannot then get to you personally, and has to make do with the corp/LLC's assets only.

    In this regard, the big thing a trust offers, if it's in title to the RE, is keeping its beneficiaries anonymous...if some lawyer or pvt detective is doing an asset searh on you, but all your RE is in the name of "Broadway Ave RE Trust", then the investigator isn't going to find your name, right? Right!

    And whatever DOS clause or language there might be in your D/T will NOT let the lender foreclose just because you've deeded the RE to your trust.

    Fed law (Garn St. Germaine Law) says that alone will NOT trigger any DOS.

  • iamhappy12th February, 2004

    John, So are you saying put my personal residence into some type of corporation?

  • JohnMerchant14th February, 2004

    Nope, I'm sure NOT saying put your personal res in a corp, and if you do so, expect to have your lender exercise its DOS and call your loan.

    Two big reasons NOT to use corp for pers res...first, a home might be sold these days without income tax, but if it's a corp owned property, IRS might say it's no longer your pers. res.

    Second, the DOS issue as mentioned.

  • InActive_Account16th February, 2004

    To answer your original question, yes the Land Trust can protect your property against liens, judgments, etc. The beneficiary interest is considered to be personal property. If there would be two non-related parties/entities as beneficiaries then it becomes very difficult (not impossible) to partition personal property.

    The creditor would have to wait until the property is sold to satisfy their claim-but the title to the property would not be clouded.

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