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mr land trust

Multiple Properties in One Land Trust

January 18, 2022 by Realty411 Team Leave a Comment

Image from Pixabay

By Randy Hughes, Mr. Land Trust

Many investors think, “I’ll put multiple properties into one Land Trust! That should be easy.” They could assume that managing one trust will be a breeze compared to managing multiple Land Trusts. They may also think that there is no downside.

Investors who think like this have not thought their plan through. The reverse can be the case. Managing multiple properties in one Land Trust is a snap (especially when you use my exclusive Trust Tracker, included with my Basic Course). It’s having all your properties in one Land Trust, or one basket as I like to say, that things can get tough, very tough, fast.

Welcome to the New Year

Image from Pixabay

Before I continue, permit me to point out that I started writing about Trust Trusts twenty-two years ago. My students requested it. They wanted to learn more about the scores of benefits of using a trust to hold title to their properties.

When I speak in front of an audience or teach a Land Trusts Made Simple® class, the question of whether to hold multiple properties in one Land Trust is sure to come up. My basic answer is “you can hold multiple properties in one trust, but I do not suggest you do that.” Why not? Read on my fellow real estate investors.

Here’s Why Not

First, there is a basic principle to asset protection that says, “keep all assets separated.” This applies to all types of investments (cash, stocks, bonds, real estate, precious metals, etc.). The theory behind this is that if liability occurs against one of your assets, it will not directly affect all your other assets. For example, if you titled ten single-family rental houses in one LLC and you had an uninsured loss or legal claim against the property/owner, any lien or judgment against the owner/LLC would tie up ALL the properties inside the LLC. Dumb, huh?

Image from Pixabay

However, if you hold the title to each of those ten rental houses in separate Land Trusts and a contingency-fee attorney and their deadbeat client attack one of them, any potential judgment would be rendered against the property itself and there would be no effect on your nine other properties. Therefore, the smart real estate investor puts each property into its own separate Land Trust. I encourage investors to take asset protection a step further by making the Beneficiary of the trusts one or more LLCs.

Hunting Expedition

There’s another benefit to NOT putting multiple properties into one Land Trust. If a subpoena is issued to the Trustee in search of information about the trust and its assets, the subpoena would apply to ALL properties inside the trust (not just the property involved in the litigation)! Double dumb, huh?

Furthermore, any assignments of Beneficial Interest or contingent beneficiary provisions in your trust will apply to all properties held in that trust. This removes one of the best reasons to use a Land Trust. For example, if you wanted to sell one property on an installment contract, you could not do it effectively when holding more than one property in one trust.

It does not cost anything to form a trust. Therefore, it makes sense to always put each property into its own, separate trust.

I encourage you to learn more by going to my FREE online training at www.landtrustwebinar.com/411 and text the word “reasons” to 206-203-2005 for my free booklet, Reasons to Use a Land Trust. You can also reach me the old-fashioned way by calling me at 217-355-1281. (I actually answer my own phone, unlike most other businesses in America today!)


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Filed Under: land trust, news Tagged With: land trust, mr land trust, randy hughes, real estate magazines, real estate news, real estate wealth, realty 411, realty magazine, realty411, rei magazine, rei wealth

What’s in a Name?

June 5, 2019 by Realty411 Team Leave a Comment

By Randy Hughes

I recently read an article on the internet by Anna Sobrevinas about the names of people who own expensive homes. She said, “These are some of the names of owners of the most valuable homes nationwide, with ‘Stuart’ in the lead with a median home value of $334,022, according to a new research analysis by Zillow. “Alison” follows closely with a median home value of $332,403 and “Peter” with $325,126.

She went on to indicate, “Anne, with a median home value of $309,491, is one of the most common names of owners of the most valuable homes, and they dominate the West Coast. Annes in California have a median home value of $669,946; in Oregon, $387,160; and in Washington; $435,308.”

“This analysis reveals a lot of interesting—fun— differences between homeowner names and the relative popularity of less common or non-traditional homeowner names from region to region,” said Zillow Chief Economist Svenja Gudell.

My view of this data is that if they know the first name of these home owners they also know the last name. In other words, the homeowner has deeded the property into their own personal name as opposed to using a title holding Trust (where their personal name would not show up in the public records).

Owning ANY real estate in your personal name is an invitation to trouble. There are no advantages to owning real estate in a personal name…only disadvantages and risks. Talk to any long term real estate investor and you will hear stories of upset tenants coming to their house late at night or liens from co-title holders destroying their equity. It gets worse.

Using a title holding trust (sometimes known as a Land Trust) to keep your real estate investments private is smart business. By using a trust, you avoid probate, tenant problems, frivolous lawsuits, due-on-sale clauses, seasoning issues, reassessment upon sale and many other real estate related risks.

If you want to learn more about the wonderful world of trusts, please go to: www.landtrustsmadesimple.com for more information. Or, if you would like to attend one of my FREE Land Trust Webinars, go to: www.landtrustwebinar.com/411 Also, feel free to call me with any questions. I actually answer my phone! 1-866-696-7347

 

 

Filed Under: land trust Tagged With: land trust, land trust tips, mr land trust

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