Seller Financing beneficial interest in Florida land trust

Seller Financing beneficial interest in Florida land trust

Rental Property Investor · Tacoma, WA · Member since 2017 · 14 posts · 7 votes

Hello all!

After an hour or so checking the forums, I was unable to find a clear answer, so I thought it best to just ask.

I'm looking at a multi-family property currently held by a Florida land trust. There is no mortgage, and the owner is willing to seller finance. My questions regard purchasing the beneficial interest in the trust. It is hard to know really what is legal based on what some gurus say.

1. Given that the only property in the trust is this one, would purchasing the beneficial interest in the trust keep the transaction private, thereby avoiding a certain increase in property tax? The property is currently assessed by the county for less than a third of the asking price, so I am anticipating taxes to at least double on a traditional sale. Is this illegal?

2. If the property is listed with a broker, is it still possible to purchase the beneficial interest in the trust? As in, would they still be entitled to a commission on the sale?

3. As an alternative method, would it be an option to have the current trust transfer the property to a newly formed trust with the same beneficiary listed, then complete an assignment of beneficial interest closing on the new trust? For example, if the current trust holds more than this property.

4. If this is all possible, how would I ensure the title is clear if there is not actually a transfer of the title out of the trust? Would I still have a title company involved in the transaction?

5. Somewhat related: If the new trust beneficiary assigned is an LLC owned by me, can it be an out-of-state LLC since the beneficial interest is personal property? Does the LLC need to be registered as a foreign LLC in Florida? For example, could a Wyoming LLC not registered as a foreign LLC in Florida be the beneficiary since it does not actually hold the real property?

I understand these are questions best asked to an attorney. I plan to consult one here shortly, though I wanted to pose these questions to the community to see if anyone has had a similar experience.

Thanks!

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  • Professional · Memphis, TN · Member since 2015 · 70 posts · 49 votes
    9y

    I am answering for entertainment purposes and this is not to be used as advice of acting as an attorney. Seek attorney advice.

    @Tony H. Love the questions. I will help you understand each question as you wrote it.

    1. Yes it would keep it private. The sale would not be recorded because the sale was within the trust but the owner is still named on title. You didnt mention the trustee at all, but if the trustees name is changing you would go to the register deeds office to record that but that shouldnt kick up any flags because the name on title is still the trust. 

    2. This one is a sticky one. Look at the contract and see who signed on the contract. Was it signed as the trustee or as a person? If by a person and they did not sign as "Brandon Diaz trustee of 123 main street land trust". Than the wrong person signed anyway if it was signed by lets say "Brandon Diaz" than it wasnt signed properly and the realtor actually has a problem. That being said, I wouldnt highlight it anyway, and (I am not a lawyer) the beneficiary is a personal position and also a personal asset. The real estate is with the realtor not the position with the beneficiary. If the beneficiary is sold properly the realtor wouldnt even know. This one is sticky, but technically you are fine. It could just cause a fuss.

    3. The answer is yes. This is the example I use why you should have an individual trust for each property. Because you would have to transfer the deed to another trust if there was multiple properties OR you would have to transfer all the other properties into other trusts if you wanted to keep the same name on title. 

    4. If you are transferring the title you could treat it as sale and do a purchase and sales agreement and close and get a warranty deed and title insurance. If that is over kill you can just quit claim it and make sure the title company does a title search before the quit claim. If you know, that it is clean and not worried you would just quit claim it. I do not know the situation well enough to give an exact answer here. So I gave you a few answers here.

    5. Very good questions. With Trusts the rules change dramatically. I dont know this answer fully. I would guess you would want to still have the company be domestically to operate. That would be the safe answer. But there is a very good chance that it still would be ok to be a Wymoning LLC be the beneficiary with the trust in Florida. I am not 100% sure but I feel good that it would be ok as well.

    Hope I was of some help. I would tell you that the best would be to buy a course on trusts to help clear a lot more answers. 

  • Rental Property Investor · Tacoma, WA · Member since 2017 · 14 posts · 7 votes
    9y
    Brandon Diaz thanks for the response! Your answers were very helpful. It's good to have a general idea of my options, though I will definitely take your advice to contact an attorney and educate myself further.
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