Home › Forums › General › EHTrust/EHT Topics and Creative Real Estate Financing › RE: Land Trust! URGENT! BILL, SCOTT and JIM, Need your help.
February 22, 2008 at 8:48 pm #4503
I am a NARS network member and I didn’t know where to turn to get help and solve this family issue. Please forgive me if it’s too personal. Hey, I feel like I am at home.
My sister was in custody, forced by her abusive and manipulative husband to lie to the cops and even he got a temporarily restrain order blocking her to access the property.
She was bailed out yesterday (50k).
She owns a property together with husband as a Community Property worth 1.5M and they owe $1M. They have 2 children (18 & 24) and I am trying to help her out.
Is there any creative way to use or set up the Land Trust, Simple Trust, Children Trust or a similar set up to protect her portion of remaining equity without husband being present. I mean to put a legal document on record without husband’s signature. She is afraid maybe the husband would sell the property without informing her!!!
Any input or feed back would really be appreciated. Thanks.
TonyFebruary 22, 2008 at 9:14 pm #24719
alan dale grossMember
Tony, This is the very best information that I have ever seen, on the subject.
As you will see, the situation that you shared that has happened with your sister and what “really went down”, is discribed in this authors materials, exactly as you’ve presented.
The best advise that I ever heard anyone give is to never under-estimate the negative consequences, of such an involvment and association ( and relationship, although, as I said, many times the relationship is negative in it’s nature = lieing / manipulation, etc. Hate and violence are a Relationship ).
The best question she needs to ask and you need to ask, that I know of, is ” Is she in Danger ?”
Obviously, being forced to lie, under threat, and going to jail are very costly iteams. There is no sence asking,” Is he worth it “, because no one is worth going to jail, as an innocent party, especially, however the situation is what it is.
Jim P. and Bill and Scott are the places to go for your Property protection question.
She needs to be protected. Her Life.
People do those desparate things we see on TV, because they are desparate. This is a desparate situation, so let’s not forget that people do those things.
Now, logically we all want to find out from Owners, “What do you want ?”
What’s their NEED ?
What is their Benefit ?
As far as, our Boy, if leaning him against the nearest tree would work, then go for it. That’s not legal anymore, since dealing with the Nazis that way, in WW II.
And speaking of War, I guess he wont be going to set bombs for our troops in Iraq any time soon, so with a Property involved, “What does he want that could be used to get what you want ?”
He’s not able to do a bunch of stuff, ether, without her signiture.
Does she have money for a lawyer ?
They aren’t going to be “Up” on the genuine psychological dynamics in her family situation any more than most know a Good Trust System when they see it.
Just remember that if they can’t talk on the phone without The Big Control Fit Issue, the first order of business is ” She Wants to Live.”February 22, 2008 at 11:55 pm #24720
Alan, you are right on.
Some how, some way, she needs to get an Attorney first.
Oh, and by the way (this may sound cruel) but, 18 and 24 are not children, they are adults and are on their own. This is between Mom and Dad, not the “chillens”.February 23, 2008 at 1:16 am #24721
Tony, unless the husband is willing to cooperate by putting the property into a land trust, there’s not much that can be done without an attorney. I’d suspect that what she needs to do is assert her ownership interest by a recorded document (Lis Pendens – “Notice of pending legal action”) filed with the county recorder’s office so that any would-be buyer would be alerted to a possible problem and need to inquire into the wife’s ownership before being able to move ahead with a purchase. A lis pendens for more than a month or two, once discovered, could require bonding, but she can ask her attorney about that.
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