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Ward...will this work for CA??

Posted by zachary on July 29, 2003 at 5:29 PM

Ward,

what are your thoughts on:

-having seller deed to trust with me(or entity) as trustee
-pay defaulting loan current
-taking my profit + expenses in the form of a note and trust deed
-sell house as trustee and collect profit/expenses as a "lender"

Obviously the seller is still the beni., and can fire me as the trustee. this is the only down fall that I see.
With that aside (meaning I'm looking for other problems that might be there....more concering with CA law)

the reasons for doing this:

1. don't have to pay CA withholding tax (not INC'd yet.)
2. title does not pass thru my name
3. I want to sell to another investor at a discount inorder to move the property quickly. this one is a higher end home in a slow market...).
I want to protect the other investor....they buy from me as trustee after foreclosure is stopped.


the sellers are happy with what they will get, which is 50% of the net profit of the discounted price. they understand that it could take 2 years to sell at FMV and agree that we need to discount...

ok, questions:

1. general thoughts on the idea??

2. I have EPA signed stating they get 50% of re-sale price with rough guess of an amount.
How do I go about doing what I stated above and still conform to the CA laws??


sorry for the rambling...hope this makes sence!!

Zachary



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