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Re: Assignment problem

Posted by frankCA on October 02, 2003 at 2:08 PM

In Reply to: Re: Assignment problem posted by ellis on September 30, 2003 at 12:13 AM

: Would this work? Put contract under another entity like an LLC, Title Holding Trust, or Corporation. Then simply sell that entity or (in the case of a THT the beneficial interest) to the assignee......Hi Ellis
Thanks for the thoughts on my Assignment Problem and I like your idea of using a THT.

This is how I see it happening and PLEASE correct me if it is otherwise.

The original offer to purchase is made with the buyer as 1234 E. Popular St. Family Trust.

I am the Trustee and Beneficiary in case the lender want to see something.

I can conserve my cash & reduce closing costs if I assign my beneficiary position to the end buyer prior to close of escrow.

My concerns are:

Have I missed something that will cause the lender to discover the new buyer and cancel before close of escrow?

How can I show my fee on the HUD-1 without attracting attention?


:
: : Hi Ward
: : How do I avoid the problem of a lender canceling the agreement to short sell if, in escrow, I assigned my contract to purchase? When the lender sees the end buyer's name in escrow and my profit on the HUD-1 they CANCEL! Have you any suggestion other than double escrow?




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