Tuesday, October 12, 2010

One Good Reason Why Real Estate Investors Should Keep Their Names Out of the Public Records

Many of my readers ask me why it is important to stay out of the public records if you are an investor. One important reason is to avoid nuisance suits. An excellent way to accomplish this is through the use of a Land Trust.

Now let me state at the outset that I am neither an attorney or a CPA. You should always seek your own counsel in these matters.

Having said that, what is a Land Trust? Essentially a Land Trust is just a piece of paper. It is a piece of paper which spells out an agreement between a Trustee who hold legal title to a property (this is the person or entity that appears in the public records) and a beneficiary who receives all of the benefits flowing from the ownership and use of that property.

A Land Trust will not protect you from liability. However, as a practical matter it may have the effect of protecting you from nuisance suits. Land Trusts can be used in every state.

There is an excellent book by Mark Warda who is an attorney that specializes in Land Trusts. I have heard Mark Warda speak on numerous occasions. I also own several of his books (and have read them more than once). He has a general book on Land Trusts which you can find on Amazon as well as a book on Florida Land Trusts. Both are excellent.

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