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How to place a lien against a Trust

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P.Rimmel

Junior Member
I live in Florida. I have loaned funds (with a modest interest rate 7%) to a friend who is Trustee for a Trust created by his parents (now deceased) which names his 3 children as beneficiaries. The money I loaned has been used to put new roofs on and other imporvements to 3 houses named in the trust. The imporvements have made the houses more saleable, but in this market... need I say more? Only one of the three houses has a small mortgage (under $20,000). My friend suggested that he deed one of the three houses over to me, and then later, after its sale, have me pay the trust the difference in what is owed + interest, and what are the proceeds of the sale. He is concerned that my interest ( the funds owed to me) be protected by doing this. I prefer to place a lien against the trust. Is this possible, and what could be the drawbacks or advantages. I really don't want to own another piece of real property. FloridaWhat is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
The trust is not a party to your loan. Furthermore, the "giving" of the property out of the trust to you sounds a bit shady.
 

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