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Ward's Purchase Option to Protect Equity

Posted by JP on June 01, 2009 at 11:06 AM

After reading Ward's May 2009 article on ways to protect your equity from judgments, I have the following questions:

1: “Option to Purchase”

If a judgment was recorded after the "Option to Purchase" was recorded and if the “Option to Purchase” was exercised after the judgment was recorded, would Title companies allow the sale to proceed without a release from the holder of the judgment?

How long can an “Option to Purchase” reasonably be valid? If I record multiple quitclaims to cancel the current Option and re-record multiple “Option to Purchase”, won’t that look suspicious?

2: "Friendly Trust Deed"

Tell me if I am thinking how to implement this idea correctly.

If a judgment is recorded after my friendly deed of trust is recorded, I see no need to have my friendly deed of trust foreclose on the property unless I actually do want to sell the property. It is my understanding that a judgment has no power to force the sale of the property and can potentially expire after 10 years if the judgment is not re-recorded.

If I decide I want the friendly deed of trust to foreclose now, I create the “straight note” with the term ending now (because no note is initially created when the friendly deed of trust is recorded). This gives the friendly bene the power to "timely" foreclose.




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