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Land Trust question

I have a question? Would it be necessary to place the deed that I acquire buying a preforeclosure into a land trust to avoid the lenders due on sale clause? And if so, how much does it cost to do a land trust? Also, if I didn’t use a land trust then would I just hold the deed and not record it until I have found a buyer for the property? Thanks for your response.

Comments:

Submitted by Lance on Tue, 04/15/2008 - 10:23am.
Hi Dwaine, There is never a Hi Dwaine, There is never a necessity for a land trust. The idea that you need a land trust to avoid the lenders due on sale clause is more a pitch to sell land trusts, than truth. You shouldn’t worry too much about recording the deed. With thousands of deeds being recorded daily it is unlikely the lender will find out about your purchase and force the due on sale clause. Even if they do, they still have to foreclose which, depending on the state, will still give you months to sell or refinance. Some investors send money orders so that the name on the check doesn’t send a red flag - given the number of payments most large lenders process it is highly unlikely anyone is paying that much attention. There are certainly fans of land trusts among foreclosure investors, though primarily for asset protection in the case of a lawsuit. What degree of protection this ultimately offers seems to us to be an open question. You should of course consult an attorney regarding your specific needs.

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