Bankruptcy Forum

Mortgage or deed of trust

AnnaMoony
03-06-2009, 12:54 AM
One of the most practical uses of a trust is for holding a mortgage or deed of trust. In Cochin a mortgage or [removed URL] is an asset, like any other, that can be found by searching the public records. Using separate trusts for each mortgage will help you keep a low profile. As in the above example, you could record mortgages against your properties in the name of a trust to make your property appear encumbered. Make certain that there is at least some consideration for the mortgage or you may be found guilty of filing a fraudulent document. Essentially any asset that is recorded in public records can he held in the name of a nominee-type trust. Department of Motor Vehicle records are often public information and will let everyone know where you live. Holding your car or mobile title in the name of a trust with a post office box or business address will help protect your privacy. You know that the names of the members of a limited liability company are public record for everyone to see. Consider forming your LLC using a personal property trust as the member and you being the beneficiary of the trust.

You can combine a personal property trust with a land trust for greater privacy. Since the beneficial interest in a land trust is personal property, it can be held in the name of a personal property trust. Thus, you could form a self-settled personal property trust of which you would be the grantor and beneficiary. The personal property trust would then create a self-settled land trust of which it would be the grantor and beneficiary. This "stacking" of trusts might be appropriate in states which require the public disclosure of the grantor (HI, MS and AZ) or in situations which an uncooperative lender or title company insists on such disclosure in writing. . Everyone feels the effects of this juggernaut and many people are afraid to upset the world powers by saying anything that will get the ire up of the kings of Wall Street, so they just clam up and slump into obscurity. :aggress: