How to Protect Your Rental Property - Gary Mialocq & Associates

Q - Why should I Use an Equity Holding Trust™ for My Rental Property(s)

Owner protection – If the property in trust is owned by more than one individual, the title to the property may become faulty and unmerchantable because of death, legal disability, divorce, judgments and many other types of litigation affecting one of the co-owners. When the property is held in a land trust, a judgment against one of the beneficiaries does not automatically constitute a lien upon the real estate held in trust. Thus, a beneficiary is provided with an extra measure of protection against lawsuits.

If you rent or lease your property, the importance of asset protection and proper asset management is that much greater. The Equity Holding Trust™ is:

PRUDENT & MOST PROFITABLE - Eliminates the need for standard renting, leasing or optioning-out.

EASY LANDLORDING - Eliminates costs of negative cash-flow, maintenance & vacancies.

STEP-BY-STEP GUIDE

1. A (title-holding) land trust is created in YOUR NAME (the settlor) and you hold a 100% beneficiary interest. No one else is involved, only YOU AND YOUR TRUSTEE. Title is vested in the Trustee. We always use Tom Standen and Equity Holding Corporation.

Your Trustee now holds title to your real property. Under the Doctrine of Equitable Conversion, you have now legally converted your real property to personal property. That is a BRILLIANT move. Your transactions from now on are no longer governed by mortgage law, but by the Uniform Commercial Code (UCC), Article 9, and its inherent protection of personal privacy. The very first benefit is that all subsequent documents may go legally unrecorded, providing the ultimate in privacy and protection.

Now that you have converted your asset, let's manage it to its highest efficiency. This was a rental property. We NEVER want to rent. You don't want an ordinary tenant who doesn't care about the property. You want a tenant who will love it as you do, make the payments on time and take care of the home. What you really want is a Live-in Property Manager. If you can find someone to take 100% responsibility for all maintenance and repairs, for mortgage payments, property tax and insurance payments, wouldn't it be worth it to share some of the profits with someone who would remove ALL of your homeowner headaches?

Triple-net lease your property to a Tenant/Beneficiary who will take on those responsibilities 100%. Make your Tenant a Resident Beneficiary and grant him a 50% beneficiary interest in your Trust. In the eyes of the IRS, although only leasing, he is an owner of real property and entitled to write-off the mortgage interest and property tax and insurance payments. I also like to share future appreciation with my Live-in Property Mgr/Resident Beneficiary, 50/50.
Escrow is opened to facilitate the assignment, in the existing land trust, of beneficiary interest to co-Beneficiary.
A Beneficiary Agreement is created between beneficiaries wherein the property's Mutually Agreed Value (MAV) is established in order to determine settlor beneficiary's beginning Beneficiary Contribution (equity and/or any non-recurring closing costs, etc.). This documentation also reflects all co-beneficiary contributions (equity contribution and/or non-recurring costs).
A Possession and Occupancy Agreement (triple net lease) is executed between the trust and the 2nd co-beneficiary (responsibility for collections and disbursement are then assigned to PAC Management).

You no longer have responsibility for payments, maintenance and repairs, insurance, taxes, etc. You have a nice positive cash flow and you don't have to collect your Lease payments (your Trustee's payment servicing company does that for you).

Shield Yourself Against Lawsuits

Create Your Trust

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