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Re. Pending, In-Process and Completed Transactions:
This is your comprehensive data-base for monitoring your past and/or in-process EHTrusts(tm) transactions and individual land trusts
Re. the EHTrust™ Acquisition Proposal:
This form is for making a proposal to an owner for your acquisitions of a beneficiary interest in a real estate holding trust, which trust will be established once the proposal is accepted. Use the Proposal in instances wherein a relinquishing party (“seller”) would be unfamiliar with the myriad safety features and advantages of the EHTrust Transfer(tm), such as violation of a lender’s alienation (“due-on-sale”) admonitions, or one’s infringement of Dodd-Frank (anti seller-financing) legislation.
Re. the Proposal to Acquiring Party (“Buyer”):
This form is designed for use by a current owner of real estate, or by an Investor Beneficiary in an existing, or soon to be consummated, ODWM EHTrust(tm), either of whom may have a prospective acquiring-party (“resident beneficiary” prospect) needing more information concerning the value, features, benefits and safety of the ODWM Equity Holding Trust Transfer (the ODWM EHTrust(tm) prior to making a final commitment.
Re. the Simple Title-Holding (Land) Trust:
The simple (Illinois-type) land trust is used in cases wherein a property owner’s objective would be to shield real property (real estate) from public view and litigation exposure, by vesting it with a third party: I.e., a bona fide corporate, non-profit, bonded and licensed trustee. In the “simple land trust,” the beneficiary is one entity (i.e., a single person, a married couple, a corporation, an LLC, a Limited Partnership, a Family Partnership or another trust).
Re. the Simple Land Trust Trust with “Silent” Beneficiary:
A “simple land trust” may be set up with two parties (entities) as co-beneficiaries, in order to capitalize upon the process known as “Equitable Conversion,” wherein the asset (i.e., the property) converts from ownership in realty (real estate) to ownership of personalty (personal property). The primary advantage here being that personalty, unlike realty, cannot be partitioned by outside judgement creditors (i.e., the parties themselves can be sued, but the real estate is shielded from such legal actions). By the same token, in virtually all jurisdictions charging orders against income from the personal property beneficiary interests in a land trust is not available to judgment creditors.
Note that it is only following recording the deed to the trustee that a separate unrecorded (silent) assignment of beneficiary interest takes place (i.e. ‘to the “silent co-beneficiary”)
Re. the 2-Party EHTrust™ (The ODWM EHTrust™):
This use of the ODWM EHTust(tm) anchored in the land trust involves a legitimate and safe transfer of ownership benefits from a relinquishing party (a “seller”) to an acquiring party (a “buyer”) and, in the opinion of many, should virtually always be used in lieu of (i.e., instead of) there being a traditional transfer by Deed (i.e., ‘giving the buyer a Grant Deed, Warranty Deed, Bargain and Sale Deed, Quit Claim Deed, Trust Deed, etc.).
In so much as the traditional means of transferring the benefits of real property ownership have become so rife with the risks or legal volatility and governmental interference and regulation (i.e., especially with regard to the threat of litigation in rem (i.e., “against the property”), there is simply no better alternative when it come to owner-carry (i.e., seller-financed) financing and disposition of [the benefits of] residential or commercial real estate ownership.
Mortgage payments and other monthly obligations are collected and disbursed by the (free) third-party bill-collection and disbursement service, Equity Management Co., Chowchilla, California)
Re. the 3 (or more) Party EHTrust™ (The ODWM NEHTrust™):
In this application of the title-holding (land trust) transfer, it is typically three beneficiary entities who are designated as: 1) the Settlor Beneficiary (i.e., the owner of record), 2) the Resident Beneficiary (the party who agrees to live in the property and cover all of its ongoing expenses and responsibilities) , and 3) the Investor Beneficiary (the party who originates the transaction and sets up the relationship between/among parties and the trustee and Equity Management Service (the free third-party bill-collection and disbursement service).
The Investor Beneficiary in the 3-Party EHTrust(tm) is typically the “silent partner” in the arrangement who typically collects a fee from the owner-of-record for reliving him/her of what would otherwise be an unwanted burden, and from the resident party for availing him/her of the otherwise unattainable benefits of home ownership…including: income tax deduction for mortgage interest and property tax; use, occupancy, possession, quiet enjoyment, market-ability, rights to natural resourc3s, etc.
NOTE: There are no real limitations as to how many beneficiaries can be name in an EHTrust(tm), however, we strongly advise that under normal circumstances, there always being less than ten, in order to avoid possible conflict with Securities and Exchange Commission oversight and regulation. Under no circumstances should the land trust transfer scenario ever be used as (or in lieu of) a public investment or private placement offering