Attorney William Bronchick — nationally-recognized expert on Title-Holding Land Trusts (aka “Illinois Land Trusts”)
If so, you are a sitting duck for tenant lawsuits, the IRS and code enforcement. Whether you own in your own name or an LLC, the information is public about who’s behind the ownership of your properties, and that makes it difficult to keep anonymity from your tenants and code enforcement officers.
Your properties are subject to inquiries, lawsuits, and asset searches. In short, you are naked in a world of information – unless you use a little-known device… “land trusts”.
A land trust is a revocable, living trust designed to hold title to real estate. Each property is titled in a separate trust, using a trustee with a different last name to keep your ownership (“beneficial interest”) private from prying eyes.A land trust is not an entity like an LLC, so it does not file with the state, nor does it have a tax ID number. The trust is disregarded for income tax purposes, so the beneficiary reports the income and expenses on his return. The beneficiary can be an LLC or corporation for additional liability protection.
Protection from liens
Protection from title claims
Protection from HOA Claims
Making contracts assignable
Making Loans “Assumable”
I thought I’d share with you a bit of success using trusts. After reviewing your materials, my brother and I purchased a property in trust. We’re currently in the process of rehabbing it and will sell or lease option it at a substantial profit. What is exciting however, is how the trust has protected us already! Through other business activities my brother had a former disgruntled associate. This associate has filed a lawsuit, attempting to attach his assets. The legal paper work identified all his properties except the property we recently purchased in trust. It’s nowhere to be found! The lawsuit will be resolved, as it’s frivolous. But we’re tremendously excited to learn, first hand, about the effectiveness of using trusts to make an asset drop off the radar. This is huge!!! Thank you!
Dear Mr. Bronchick, I used your land trusts program and it saved me $711 because of a bogus lien that was filed against my property. It worked exactly as you said you it would!
James Kelsey, Colorado
Required study for any investor who wants to avoid pitfalls!
—I ALREADY OWN THE PROPERTY IN AN LLC – WHY DO I NEED A LAND TRUST?
LLCs are public record, so it is easy for people to look up the information on the LLC. The land trust agreement is not recorded, so nobody knows the identity of the beneficiary.
—WHAT ABOUT THE INSURANCE ON THE PROPERTY?
You need to change the hazard insurance to name the new owner, the trust. The trustee, you, and the beneficiary needs to be named as additional insureds for liability.
—WHAT IF THE TRUSTEE DIES?
The trust agreement names an alternate trustee if the trustee dies or is unable to serve.
—CAN I USE THE LAND TRUST INSTEAD OF A LIVING TRUST?
The land trusts owns the properties, then your living trust can be the beneficiaries of the land trusts. For even greater protection, you can layer it one step further, by having the land trusts owned by one or more LLCs, which are in turn owned by your estate planning living trust.
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