All Forum Posts by: Colin Bochicchio

Mr thatguyTR3Y,
Not a problem on the post I like to educate on these entities so more investors can use them in their deals or would be open to and why would they not with all the benefits they offer..?? :mrgreen:

Some title companies at times look at LT transactions as not doable due to an issue with title, especially when the trustee is selling the property on behalf of the trusts beneficiaries to a qualified buyer.
There really should not be any seasoning issues since as a beneficiary in the trust your beneficial interest is the collateral in the transaction, though every lender is different in their guidelines so seasoned funds should not be required. I think in most cases if you explain your transaction the title company will see it as a conforming transaction if not go to another title company to do your business with.
When the property is sold the trust is terminated as the new buyer comes in with their financing, or if you need to refinance the property the title is revested out of the trust the new financing is put in place then the title is revested back to the designated trustee..
Just so you are aware when the trustee takes title, I'm referring to a professional corporate bonded trustee there must be a clean chain of title for the trustee to accept in the first place so choose your trustee carefully.
The thing that the lender can do is call the loan due it does not happen often though, if you vest title of your property to an LLC or other entity w/o their approval or authorization that is one of the many reason why a trust is used.
If you are taking a property over sub2 a trust is a great way to avoid any due on sale but must be structured correctly i.e the seller( settlor/grantor beneficiary must have 10% to avoid a DOS) per our legal team. The nice thing you never take title the trustee does which affords you many asset protection features..

Iam curious as to how you are structuring your LT.
Hope this helped..

I am well versed in land trust type transactions and not sure what you mean by how lenders look at the sellers in this deal.
First off if you look at the Garn St Germain Act of 1982 under section 8a you will find a lender can not call a loan due by way of a seller vesting his title into an inter-vivos trust as long as the settlor remains a beneficiary and there is not tranfer of occupany or leasehold interest so that did not change and been the same.
I personally love using trusts due to the protection it provides all parties as beneficiaries in the trust. There are many benefits the lay person does not understand and trusts are generally used by the more savvy investor.
If you are doing a trust make sure you paperwork is up to date on the laws regarding land trust in your particular state. Have a attorney review you docs for accurancy since if your trust or beneficiary agreements are not updated you could very well have a dry trust which means it is not a trust at all..
Another point I would try to hold your beneficial interest as an corporate entity such as an LLC or C corp whatever company structure you are operating under since this provides very prudent asset protection and no legal advice intended.
If I can help further feel free to contact me my info is in mysignature file and good luck on your LT deal.