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Does a Title Holding Trust trigger prop 13?

Posted by Chuck on December 07, 2001 at 3:07 PM

Okay two questions?

Question 1: Moving MY property from JTWROS to a Title Holding Trust, with the same owners (beneficaries) does it cause a Prop. 13 (CA) activation? I'm assuming it doesn't.

Question 2: A party in financial distress is willing to deed me their home if I pick up the payments. The mortgage has a "due on sale" clause and I don't want to qualify for the loan. I have suggested we transfer his property to a Title Holding Trust and then do an assignment of benefits to me which isn't recorded. I make his payments and sell property to another party either using a Lease Option or wraparound mortgage. What is the situation with Prop. 13 in this case?


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