25 June 2008 | 32 replies
Both parties are running the risk of losing the property or being forced to pay the loan off in full if and when the bank enforces the due on sale clause which is present in almost every security instrument I have seen.
![](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/1073/small_1625677365-avatar-dle22.jpg?twic=v1/output=image&v=2)
3 February 2008 | 3 replies
The big risk with any "derivative" instrument (options, futures, etc.) is that things may not go like you planned over the time frame that the option covers (development goes slower than planned, you can't find a buyer, etc.).
![](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/2181/small_1621345974-avatar-mncurt.jpg?twic=v1/output=image&v=2)
28 October 2007 | 13 replies
A Warranty Deed transfers both legal title and benficial interest.A Deed of Trust (Trust Deed) only transfers beneficial interest.Let's explore the most common usage of the two instruments.
![](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/18436/small_1621360115-avatar-kellyproprts.jpg?twic=v1/output=image&v=2)
22 October 2007 | 3 replies
become instrumental in my ventures as I move forward.
![](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/2016/small_1621345894-avatar-antwonperson1.jpg?twic=v1/output=image&v=2)
26 December 2007 | 12 replies
Hey Antwon---If you have a loan on the property you are putting in the trust, you should look at the security instrument and talk to the title company like EricFoster suggested...
![](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/833/small_1621345563-avatar-dannyk.jpg?twic=v1/output=image&v=2)
27 February 2008 | 8 replies
They may agree to accecpt some kind of instrument filed in the recorders or clerks office to consolidate them into one single tract in order to let you have the reduced valuation.Exemptions usually only apply to non-profit org, religious, gov prop.
13 November 2011 | 4 replies
This is against public policy in NC under the liberally construed Real Property Marketable Title Act statue and its related case law. "...marketable record title shall not affect or extinguish the following rights... (11) Deeds of trust, mortgages and security instruments..."
![](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/56169/small_1621412330-avatar-o2bnlv.jpg?twic=v1/output=image&v=2)
9 October 2011 | 13 replies
If you REALLY want to know what you can or cannot do with regards to checks - lookup Article 3 (negotiable instruments) of the Uniform Commercial Code (UCC) as implemented by your state.The UCC is a recommended model set of laws for governing commercial transactions.
![](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/71936/small_1621414558-avatar-oldandwise.jpg?twic=v1/output=image&v=2)
18 October 2011 | 26 replies
Cheryl,They are prodcuts / instruments designed by Banks whereby they have combined a guaranteed deposit and juiced it up where by your return can increased if a certain thing happenFor example, last time they offered me a product whereby the principal is guaranteed and the retun is at minimal 2% (note the 3 mnth deposit rate at that time was 2.8%)But depending on the movement of the EUR/USD the return can go up to 6%.Now in my case I got 4.5%.
![](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/88015/small_1621416433-avatar-cheezefry.jpg?twic=v1/output=image&v=2)
25 November 2011 | 27 replies
The court rejected the plaintiff’s arguments that the court should disregard the liability shield of the LLC under the instrumentality or identity rule because the plaintiff failed to plead either theory.Hunter v.