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Updated 12 months ago on . Most recent reply

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Stuart Udis
#2 All Forums Contributor
  • Attorney
  • Philadelphia
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Structuring your entities for anonymity is NOT asset protection

Stuart Udis
#2 All Forums Contributor
  • Attorney
  • Philadelphia
Posted

I am tired of reading about real estate investors seeking advice on where they should incorporate or how they should structure their entities for anonymity. Anonymity is NOT asset protection. To lay it out as simply as possible: if there is a viable claim, a plaintiff's attorney will pursue it regardless of whether you are incorporated in Wyoming, you believe you are hiding behind a management LLC or whatever other anonymity maneuver you believe is shielding you from liability.

All a plaintiff's attorney needs is the deed holder name to file a claim and this is public record everywhere. Once their claims are filed they can obtain your identity through discovery but in most cases they don't care who you are! This because they are most interested in your insurance. It's the path of least resistance and how they and their clients are compensated. In fact, I would make the argument when a plaintiff's attorney sees the $100K home in Detroit owned by a Wyoming LLC that attorney will be even more interested in you....exactly the response you were hoping to avoid. From a plaintiff attorney's perspective that is peculiar behavior and may actually believe you are hiding something. Congrats you just made discovery a more drawn out process than necessary and your insurance carrier's legal bills have gone up which I can assure you will impact your next year's premium.

I'm hoping investors allocate some of the resources and energy spent hiding in the cloaks of secrecy on being a good real estate operator who avoids claims from arising in the first place as opposed to falsely believing you have greater protection.  I can assure you, your business will perform far better as well. 
 

  • Stuart Udis
  • [email protected]
  • Most Popular Reply

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    V.G Jason
    • Investor
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    V.G Jason
    • Investor
    Replied

    All this **** talk about it and not a single soul in this thread has experienced the need for it.

    Coming from someone that has needed to set it up like this, it's worked. So take your hot take & flush it down the toilet.

    Being truly, truly anonymous is never a reality but doing what it takes to create layers of protections absolutely exists and when it's all you have or part of what you have it's worth owning it. 

    Most times you don't hear people saying they've needed it, because they got it so it never escalated. Real facts.

  • V.G Jason
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