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Problems w/Lease options & Rent-to-Own
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How a Trust Assumption solves these
concerns |
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1. What if the
property that you're Lease-optioning increases in value by, say, $50,000 and
the owner decides not to sell to you and keeps the money himself? |
Title is
vested with a 3rd party
non-profit corporate trustee acting in behalf of its beneficiaries.
Seller has control of the property no longer. The trustee will deed it to
the would-be buyer at termination of the trust. |
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2. What if the owner
gets a judgment against him and a lien is placed against the property that
must be retired before you can buy it? |
Beneficial
interest in a land trust is considered personal property. Personal property
cannot be separated in liens, suits or judgments if the beneficiaries are
unrelated. Property is insulated from such actions. It can't be touched. |
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3. What if the owner
doesn't pay the mortgage payment with the payment you give him monthly but
instead pockets the money? |
Payments are
sent to a 3rd party collection & bill paying service. The Seller never
touches the money. |
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4. Most Bank Loan
Document Language Grants the Bank the Right to Foreclose on the Property if
the Seller has Given Someone a Lease Option. Are You At Risk? |
The Trust
Assumption allows a transfer of ownership benefits without compromising the
lenders due-on-sale clause. It is allowed and protected by US Banking law:
US Code Title 12 Chap 13 [§1701j-3(d)] |
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5.
With a Lease Option, I Cannot Write the Payment off on My Taxes. How Can I
Still Get the Benefits of Home Ownership? |
Because the
would-be buyer is named as a co-beneficiary on the Land Trust and has
contractually committed himself to all of the costs of ownership, he
qualifies for the interest and tax deduction offered by the IRS as stated in
IRC #163(h)(4)(D) RE. SPECIAL RULES FOR ESTATES AND TRUSTS |