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Selection of Trustee for Title Holding Trust

Posted by Sean Wagle on April 09, 2002 at 11:57 PM

OK Ward, I think I already know the answer to this: "The best entity to be trustee of a Title Holding Trust is your own LLC" as you're planning to do.

But I remember in some earlier posts you described allowing the debtor to form the THT installing himself as trustee. This would then appear in a deed as "From Sam Elliott to Sam Elliott, Trustee of the Elliott 6th Street Trust" That's something that would not tip off the lender that Mr Elliott plans to sign his beneficial interest over to an investor. Nor would it result in the investor's name appearing in public records.

But can this in some way, hold you "hostage", if the previous owner became uncooperative with you after transferring his beneficial interest? Does the trustee of a THT have powers kind of like the president of a corporation? What would you do if this trustee later became a pain in the neck somehow?


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