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Topic: whats the most investor friendly way to buy property? (Read 5418 times)
mtnwizard
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Re:whats the most investor friendly way to buy property?
«
Reply #45 on:
January 16, 2006, 12:24:24 PM »
Rich,
jbg16x and I have not only settled our differences through emails, but may even do some deals together and now have a friendly relationship.
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Framer35
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Re:whats the most investor friendly way to buy property?
«
Reply #46 on:
January 16, 2006, 06:05:34 PM »
what you are saying then is you do not own it when you buy it with a pac trust. Are you therefore controlling it for the beneficiary? That would make you the trustee. But if you are not the trustee, or the beneficiary, what right do you have to profit from some property, either by taking physical possession of it, or selling it. Which it seems to me if you are the Beneficiary of a trust and you no longer occupy the premises and someone else is profiting from it, it still amounts to a transfer of beneficial interest.
The deep legal understanding of the convolutions in your PAC Trust confounds me. I would think I would have to be a Philadelphia Lawyer with New York Mob connections to comprehend the wiles of this trust thing.
If you are not the trustee, not the beneficiary, not even the assigned beneficiary, how do you come to take control and ownership of a real estate property.
Trusts may be legal in all 50 states. But I think the uses to which some people put them may not be. And that is the point of my lawyer.
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mtnwizard
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Re:whats the most investor friendly way to buy property?
«
Reply #47 on:
January 17, 2006, 06:47:42 AM »
Framer35. You said, "If you are not the trustee, not THE beneficiary (YOU ARE "A" BENEFICIARY), not even the assigned beneficiary, how do you come to take control and ownership of a real estate property?"
Here's an example: The Trustee owns the Property and manages it for the Trust. The Seller is a beneficiary and appoints you as one as a Beneficiary as well. You then locate a Resident Beneficiary/Tenant who lives in the property under a triple net lease and takes full responsibility for payments, maintenance and repairs. The Investor (you) has no legal responsibility at all.
At the end of the lease period, the RB has first right of refusal to purchase at FMV. If he decides to purchase, the Seller's mortgage is paid off and he gets all his equity BEFORE A TRANSFER OF TITLE TO THE PROPERTY TAKES PLACE. You as the investor and a Beneficiary get your cut according to the percentage of beneficiary interest, and the Trustee grant deeds the property to the new owner. It is really very simple.
One more item. This illustrates the difference between the words "a" and "the". Bill Gatten demonstrated this significant difference by asking, "Would you rather be A man who sleeps with your wife, or THE man?"
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