Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Buying & Selling Real Estate
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 6 years ago,

User Stats

43
Posts
16
Votes
Jack Ni
  • Lonoke, AR
16
Votes |
43
Posts

Doing a "subject To" with land trust could put me in Jail?

Jack Ni
  • Lonoke, AR
Posted

I was reading lease option and subject to deals by Wendy Patton. In her book she said if a investor put a deed in a land trust to cover up the due on sale clause, this action could be consider a mortgage fraud; because if a court rules that the intent was to keep the bank from exercising its legitimate rights by hiding an important fact (deed transfer), I can be accuse of mortgage fraud. I did some research on mortgage fraud, it's a serious crime, it could land me in jail for a long time because we are dealing with a large sum of money. 

I don't know how Wendy Patton got that theory, and I have no way to verify if her theory is actually true. I would argue that if a investor puts a deed in a land trust, he is simply taking advantage of the law not committing a fraud. 

If you are a loan officer for a bank, would you consider this a fraud? Are you aware of any laws or clause that would build a case for the bank to sue the investors for "subject to" deal with land trust? If you have a subject to deal and it's in a land trust, would you be worry about being sue for fraud? 

What is the worst case scenario? Would I go to jail for hiding the deed?  Hypothetically

Loading replies...