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Updated 25 days ago on . Most recent reply presented by

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29
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11
Votes
DJ Brooks
11
Votes |
29
Posts

Need help with a subject-to land trust or LLC

DJ Brooks
Posted

Hello everyone! I am in escrow for a subject-to deal that I will be using as my primary home. I only know the basics when it comes to creative finance. I am worried about the due on sale clause as most people are who are purchasing a subto property. I need advice. I've heard a trust is the best way to structure it. But someone mentioned an LLC would be better. What are your thoughts? I also need referrals for attorneys who can help me with this on the fly! And not too expensive haha. I'm in the Tampa area. Thanks!!

Most Popular Reply

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12
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9
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Justin Arnold
  • Investor
  • Fort Wayne, IN
9
Votes |
12
Posts
Justin Arnold
  • Investor
  • Fort Wayne, IN
Replied
Quote from @Caroline Gerardo:

Walking the line of fraud isn't a good plan and with the seller as trustee if they file BK, divorce, have a judgement it sticks on the property.


Oh man, if you say "fraud" one more time in the mirror it might appear! 

This is a typical response from a lender.  YOU are not committing mortgage fraud. You aren't providing falsified documents to obtain a mortgage. You are just continuing to make payments on an existing mortgage. This is not illegal, it's just against bank policy. The worst thing that happens is the note gets called and you have to scramble to pay it off or refinance. 

Yes, it can get messy if they file for bankruptcy, but it's also not their house anymore. There are ways through that situation too.  Don't let people trying to make money off you try to scare you. 

  • Justin Arnold
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