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Re: title holding trust

Posted by Ward-CA- on June 30, 2001 at 7:23 AM

In Reply to: title holding trust posted by todd-wa on June 28, 2001 at 6:06 PM

: Ward, have you read John t Reed's review of the land trust and the due on sale clause? He feels it is'nt vaild I'm sure with your legal background you could clear this up for me.

: www.johntreed/dueonsale.html

===========

Todd, I happen to think Reed is right in his opinion that use of the title holding trust device won't vouchsafe one's transaction from implementation of a lender's due-on-sale perogatives, if it's an irrevocable transfer of the title to property.

And I make that point to the participants in the deals I do where that's the case and I urge my trainees to do the same.

However I, like a lot of others, still use the trust to sidestep the due-on-sale issue because it disguises a title transfer so well that the chances of discovery are nil.



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