You’ll use this form if you’re taking a property that has a mortgage. Deed the property to a land trust with the initial owner as the beneficiary, then have them assign beneficial interest to you. Prevents mortgage companies from calling the loan due.
Even thought it’s only one page, this is a very powerful document. It can be used in a variety of ways.
The main thing to understand is this: When you buy a property, you should put it in a Land Trust. That’s done by creating a Land Trust and funding it with the property.
The documents for that are: 1. The Warranty Deed (or Warranty Deed to Trustee) that names the Trust AND the Trustee. This IS recorded on public records.
2. The Agreement and Declaration of Trust. This is NOT recorded. It names who all parties are, including the beneficial interest…which is why it’s not recorded.
Once the property is in a trust, you can essentially sell the property anytime – PRIVATELY – by simply assigning the Beneficial Interest. The existing beneficiary assigns his/her/their interest over to the new beneficiary. Boom! Ownership has been transferred.
…And that’s exactly what this document does.
That should either clear things up for you or make you more confused. 🙂
Really good comments. I’m having problems depositing proceeds checks from the sale of the property in Land Trust. The checks are cut to the name of the land trust and not the beneficiary. Any suggestions?
What is the difference between 1. Trust agreement 2. Warranty Deed to trustee. 3. agreement and declaration of trust. which one do i need to get recorded?? a little confusing
This it for land trust? Please let me knew
wath us i need ,do i need do LLC .If i do
where i find the form. THANKS
Watch Land Trust Made Simple video
https://www.youtube.com/watch?v=swFBo_cAj1s
It will explain to assign beneficial interest to a new person
Not sure when I will use this form. More studies.
You’ll use this form if you’re taking a property that has a mortgage. Deed the property to a land trust with the initial owner as the beneficiary, then have them assign beneficial interest to you. Prevents mortgage companies from calling the loan due.
Will this be helpful when you sale the property. you will assign the beneficial interest in the trust?
Even thought it’s only one page, this is a very powerful document. It can be used in a variety of ways.
The main thing to understand is this: When you buy a property, you should put it in a Land Trust. That’s done by creating a Land Trust and funding it with the property.
The documents for that are: 1. The Warranty Deed (or Warranty Deed to Trustee) that names the Trust AND the Trustee. This IS recorded on public records.
2. The Agreement and Declaration of Trust. This is NOT recorded. It names who all parties are, including the beneficial interest…which is why it’s not recorded.
Once the property is in a trust, you can essentially sell the property anytime – PRIVATELY – by simply assigning the Beneficial Interest. The existing beneficiary assigns his/her/their interest over to the new beneficiary. Boom! Ownership has been transferred.
…And that’s exactly what this document does.
That should either clear things up for you or make you more confused. 🙂
I love how thorough you are with all the documents we need for each and every deal, Ron!
Really good comments. I’m having problems depositing proceeds checks from the sale of the property in Land Trust. The checks are cut to the name of the land trust and not the beneficiary. Any suggestions?
What is the difference between 1. Trust agreement 2. Warranty Deed to trustee. 3. agreement and declaration of trust. which one do i need to get recorded?? a little confusing