Equity Stripping, a simple effective way to Protect Assets?

Equity Stripping, a simple effective way to Protect Assets?

Real Estate Investor · Lafayette, CA · Member since 2010 · 179 posts · 71 votes

Hi everyone,

I have seen lots of posts about LLCs, and other disregarded entities for asset protection, in addition posts on Insurance policies etc. But how about NOTES for protection?

If the corporate veil is pierced and the insurance doesn't hold up, this could be one more strategy to protecting your ASSets.

Simple to do -lots of us make notes every day.

cost effective -just recording costs and notary cost

Wanted to share a strategy and see what your thoughts are.

California is litigious. We all know this. What if we were to trade "notes". You make one on my property. I make one on yours. The effect is a zero sum gain.

example you own a free and clear 100k property. i own one too. You put on note on mine. I put one on yours.

The idea is that if there is no equity in the property, then it is not worth pursuing (for litigation purposes)

1) a deterrent for litigation.(no equity = no value to pursue)
2) strategically in court must be paid off if property needed to be liquidated; note holder made whole,

The strategy is to trade notes on free and clear properties with like minded owners. What are your thoughts?

3Reply
97 views

Most Popular Reply

Ned CareyPro Member
Moderator
Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
13y

Michael,

As you may know equity stripping using notes is not new. However I like you twist on it, trading notes. However I do see a problem with this, the mortgages need to be perfected - money must actually change hands.

Also a court may see it as "You conspired to strip equity or fraudulently protect assets" Would a court or plaintiff even discover this? Who knows. Whether a court would care might depend on how liberal a state you are in. Maryland courts have stretched the law pretty far to protect the little guy.

I'd be interested in what any attorneys out there think.

See this reply in the discussion

26 Replies

Jump to latestLatest
  • Commercial Landlord · Oshkosh, WI · Member since 2013 · 299 posts · 88 votes
    13y

    Your right Bill. it is a job to manage equity. I do think a lot of people now days are looking for a way to make a fast buck without regards for the part that involved rolling up your sleeves and either bringing in projects or just running an office to manage rental units.
    Thats one problem I need to nip in the bud is my tendency to go off subject on these posts. :)

Join the conversationCreate a free account to reply, vote on answers and follow this thread.