Land Trusts

I'm considering setting up a land trust for a new single family rental house my wife and I own inFlorida. I contacted the lender and they indicated they would not allow us to quit claim our interest to a land trust in which my wife and I have the beneficial interest by way of a family limited partnership of which we own and have a 50% interest in each.

Question 1: Can the lender excercise the due on sale clause as it seems the garn-st germain act would prevent them from doing so?

Question 2: Should I go ahead without their appoval?

I have contacted several insurance brokers in Florida and the insurance rates for a land trust are significantly higher than under our individual names.

Question 3: Any recomendations for obtaining insurance and reasonable rates?

Question 4: Would we be required to pay a transfer tax in the state of Florida, Lee County?

Comments(2)

  • czjaba2nd November, 2004

    From my personal experience, most lenders I have dealt with don't really care where the money comes from as long as they get paid.

  • JBLandTrust2nd November, 2004

    It would seem that the lender would find out about it though in that the insurance converage would show the new insured ( xyz Land Trust). Do you think they would just ignore it if payments are current?

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