Placing A Trust Deed On An Investment Property

to what degree is this successful in warding off lawsuits ?



my thought would be that a property with little equity in it would not be worth going after ?



if so, what sort of separation does there need to be between the owner of the property and the owner of the trust deed ?



i am in california.



Comments(3)

  • ITBInvestor11th February, 2010

    I have seen authors (Garrett Sutton, I think?) call encumberment (e.g. a deed-of-trust or trust deed) a form of insurance. Yes, I agree with your comment "my thought would be that a property with little equity in it would not be worth going after" but do not have any "hard data" to back it up. Regarding the "separation" between owner and debt/note holder, you can acquire property in an LLC (another form of asset protection) and have a member (or members, or family of a member) hold the D-T.

    Always check with your attorney for the best legal advice for your circumstances.

  • hard-money-lender28th February, 2010

    hi john,

    thanks. if you have any knowledge of court cases - if it went to court, would the court want to see evidence of payments, such as cancelled checks ?

  • hard-money-lender2nd March, 2010

    thanks so much to everyone who posted - great info.

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