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Forums » Tax, Legal Issues, Contracts, Self-Directed IRA » Title Holding Trust - Checklist, Docs, Agreements

Title Holding Trust - Checklist, Docs, Agreements

13 posts by 6 users

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Real Estate Investor · Tualatin, Oregon


We are exploring the options of buying all our properties through a Title Holding Trust, or individual THT for each property. Curious if anyone has a complete checklist, doc templates, etc. for us to review. We will eventually most likely use an attorney to set this up, but would like templates to review for our own knowledge and possibly save us costs from drafting them from scratch. We are looking for the following:

- simple land trust

- beneficiary agreement

- assignment of beneficial interest

- occupancy agreement

- any relevant addendums/riders specific and unique to the particular transaction of "Lease Options" from the Trust to a potential end buyer.

- Recommendation on non interested third parties that act as Trustees. Would prefer them to be a corporate structure. We also do NOT want any recommendations to anyone YOU haven't used before.

Any tips, tricks, links, directions would be good. Would love to network with those currently utilizing these strategies for their Lease Option purchases.

We've heard the following people have great documentation, and knowledge. Anyone used the following and/or care to share the docs you have?

- Randy Hughes (http://www.realestateforprofit.com/landtrusts.aspx)

- Dawn Rickabaugh (http://notequeen.com/cost-of-the-title-holding-land-trust-transfer-system/)

Thanks guys for your help!


Real Estate Investor · Tualatin, Oregon


Is buying in a THT that much of a hidden concept that no one can provide these? OR?

Anyone?


Real Estate Investor · Tualatin, Oregon


It's crazy to me how many people have viewed this post, and no one can answer this? Beyond BP? I think so....Sad!


Real Estate Investor · Tualatin, Oregon


CAN I JUST GET A "I HAVE FLIPPED PROPERTIES OR NOTES USING A TITLE HOLDING TRUST"? ANYONE?


BiggerPockets Founder · Denver, Colorado


@Matt Yates - I think that those people who may be in the know and perhaps missed the post due to the holidays might have been turned off by the third and last post you made . . .

Perhaps you can simplify your questions for everyone?

Seems like you want people to give you everything they have on the topic. Why not start smaller and instead of asking for the whole shebang, ask for smaller pieces at a time....

And please keep in mind -- POSTING IN ALL CAPS is not only shouting, which I'm guessing you know, but it is also considered very rude. Please refrain from doing so here. Thanks!

Quick note -- using the site's search can yield wonderful results. You mentioned some people in your first post. I know that Randy Hughes is here on the site . . . perhaps you can connect with him directly via colleague request.

Good luck.

Small_bp-squareJoshua Dorkin, BiggerPockets
E-Mail: webmaster@biggerpockets.com
Telephone: 877-831-4704
Website: http://www.biggerpockets.com
Your real estate investing home online!


Rehabber · Santa Clarita, California


Just found this thread.
I have used and closed many transactions using a simple land trust.
You will need the following:
Trust certification - I can send you a sample of this.
Trust Declaration - which is basically the legal stuff for the trust, similar to an operating agreement for a corporation/LLC - I can not give you mine as it contains proprietary info and I am not allowed to share it, however, any competant RE ttorney should already have one or could easily draft one.
Notice of Termination of Trustee - I can send you a sample
Termination of Trustee - I can send you a sample
Successor Trustee Acceptance - I can provide sample
Successor Trustee Letter - I can provide sample

I would recommend you use someone you trust to be your trustee (after all, "trustee" does have the word "trust" in it!) Kidding aside, be careful.

A trust provides zero liability protection so I would suggest using it along with an entity or overly adequate insurance umbrellas.

I have never done a lease option so I have never used a land trust for such purposes, I have ONLY used them for acquisitions of REO deals for wholesaling and rehab flipping. With REO and short sales, you may not assign the contract per bank addendums, thus, the land trust is a cirumvention of that language.

Small_be_logoWill Barnard, Barnard Enterprises, Inc.
E-Mail: info@barnardenterprises.com
Website: http://www.barnardenterprises.com
http://www.InvestorExperts.com


Real Estate Investor · Tualatin, Oregon


Joshua I do understand and never put two and two together on the holidays. You are right I could have cut this down a bit, but figured the person I would want to be speak with would have the whole shebang anyways.

Will, thanks my friend and appreciate you sharing. I am looking for those templates and planned on running everything by our attorneys, but its always good to see what other experienced investors are doing.

Will have you ever work with Bill Exeter with Exeter1031? He offers these Trustee services and will create the Title Holding Trust agreements as part of his services.

Just shot you that email. Looking forward to hearing your thoughts.

Regards,

Matt Y


BiggerPockets Founder · Denver, Colorado


@Matt Yates - @Bill Exeter is here on BiggerPockets as well . . . perhaps he'll jump in.

Small_bp-squareJoshua Dorkin, BiggerPockets
E-Mail: webmaster@biggerpockets.com
Telephone: 877-831-4704
Website: http://www.biggerpockets.com
Your real estate investing home online!


Real Estate Investor · Tualatin, Oregon


@Joshua Dorkin I have already contacted them, and spoken to Bill. Was just curious if @Will Barnard had any experience with him personally. Friendly checking up ;)


Rehabber · Santa Clarita, California


No experience with Exeter1031, sorry.

Small_be_logoWill Barnard, Barnard Enterprises, Inc.
E-Mail: info@barnardenterprises.com
Website: http://www.barnardenterprises.com
http://www.InvestorExperts.com


Real Estate Investor · San Diego, California


Hi Matt,

I just noticed this post thanks to Joshua post. I would be happy to answer any Title Holding Trust (Land Trust) questions, but can't provide sample documents.

Small_extr_1031_rgb_2in_croppedBill Exeter, Exeter 1031 Exchange Services
Telephone: 619.239.3091
Website: http://www.exeter1031.com


Wholesaler · Sherman Oaks, California


Bill Exeter is the best with Title Holding Trusts (Land Trusts), especially in CA.

Seller Financing with title holding trusts can be learned from http://notequeen.com/category/land-trusts/

Brian


Residential Real Estate Broker · Las Vegas, Nevada


Great to see people connecting on this thread. Way to bring them together josh!

Small_rothwell_logo_66_pixRobert Adams, Rothwell Gornt Companies
E-Mail: RobertAdams@LVrealestateHELP.com
Telephone: 702-349-9175
Website: http://www.LVrealestateHELP.com




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