I understand how a land trust can "hide" the fact that I own a property but how can a land trust or any other trust instrument directly offer me liability protection the way a corp can as some on this site seem to suggest.Thanks,

Real Estate ContractsAre you collecting payments on any of the following instruments generated from the sale of real estate?

Dan, first, I have no clue as to what is required in India, unless someone here is from there I'd take those questions to your local authorities.Mortgages are pretty much exempt from SEC as they are regulated elsewhere, that doesn't mean the root of the instrument is totally dismissed as a bond. 

The notes are a financial instrument and in order to qualify for 1031 treatment when you sell investment real estate you must purchase more investment real estate.  

My best guess at the moment is that I would execute a PSA with the buyer and then use a title company to create the note and security instrument, issue title policies, and record the deed and security instrument. 

The issue you have as Mark said a 40 year contract for deed is not an attractive instrument.

Another thing to keep in mind is that a properly prepared note is a negotiable instrument and so you should only have the one original that you keep in a safe place.

I do have experience in mortgages and note purchases as well as levering notes via hypothecation.You really need to have an idea on how mortgage/trust deed law works and have someone on your team of 3rd party providers who knows how to draw up these type of uncommon, but completely legal, types of security instruments and notes.

Any version of a security instrument in between, that's over 180 day, will not be favorably viewed by the courts and the tennant could ask for a full refund of all payments made.

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