Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Mortgages, Refinancing & Foreclosure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-22-2008, 01:29 PM
Junior Member
 
Join Date: Jun 2008
Posts: 8
Lightbulb

Land Trust - does it work?


What is the name of your state (only U.S. law)? SC
I have an investment property in SC and heading for foreclosure. I been really worried about bank getting deficiency judgment against me. Does any one know if Land Trust works in cases like this. Here is what I found on the web so far about Land Trust:

PRIVACY …No one knows who the real owner is!
The Legal and Equitable property interest is held in the trustee’s name (not you the beneficiary)
Judgments do not attach to the property held in Land Trust
No annual fees like other entities
Ease of operating across state lines

Does this really work?
  #2  
Old 07-22-2008, 01:35 PM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
...
scam
...
__________________
There are two rules for success:

(1) Never tell everything you know.
  #3  
Old 07-22-2008, 01:45 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by bebik22 View Post
What is the name of your state (only U.S. law)? SC
I have an investment property in SC and heading for foreclosure. I been really worried about bank getting deficiency judgment against me. Does any one know if Land Trust works in cases like this. Here is what I found on the web so far about Land Trust:

PRIVACY …No one knows who the real owner is!
The Legal and Equitable property interest is held in the trustee’s name (not you the beneficiary)
Judgments do not attach to the property held in Land Trust
No annual fees like other entities
Ease of operating across state lines

Does this really work?
**A" yes it works but not in your case. In yours, it would be a scam.
  #4  
Old 07-22-2008, 03:30 PM
Senior Member
 
Join Date: Feb 2007
Posts: 8,218
I wouldn't call it a scam, it just won't work. Transferring it into a trust won't keep secured property from being foreclosed upon. And you'd still get a deficiency judgment based on the fact that you were the signer to the mortgage. While the land trust may hide who the beneficial owner is, it won't hide who the trustee is and he's the one who'll get served with a legal action.
  #5  
Old 07-22-2008, 03:49 PM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Quote:
Originally Posted by FlyingRon View Post
...
I wouldn't call it a scam, it just won't work.
...
Hmmm...that's my definition of scam!
__________________
There are two rules for success:

(1) Never tell everything you know.
  #6  
Old 07-22-2008, 05:55 PM
Senior Member
 
Join Date: Feb 2007
Posts: 8,218
Quote:
Originally Posted by seniorjudge View Post
Hmmm...that's my definition of scam!
I guess you'd have to decide who the scammer and the scamee would be.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 09:59 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.