The 1031 Exchange Institute

Welcome to The 1031 Exchange Institute. The 1031 Exchange Institute is your complete online resource for 1031 exchange information and 24/7 assistance.

The 1031 Exchange Institute is dedicated to educating and informing real estate investors and their advisors on the benefits of 1031 tax-deferred exchanges so they can make better informed investment decisions.

1031 Exchange Institute's Advisory Board's Role

The 1031 Exchange Institute has formed a 1031 Exchange Advisory Board that is comprised of senior advisors, professionals and executives that have significant experience and expertise within the 1031 exchange industry, the 1031 tenant-in-common investment property business or a field related to the 1031 exchange industry.

The 1031 Exchange Advisory Board's role is to assist in the delivery of 1031 exchange and TIC investment educational programs and material to real estate investors and their advisors. 

THE TITLE HOLDING TRUST (LAND TRUST) BLOG

Welcome to The Title Holding Trust (Land Trust) Blog. This Title Holding Trust (Land Trust) Blog is brought to you by The 1031 Exchange Institute to help educate and inform real estate investors and their advisors so that they can make better informed real estate investment decisions.

The Title Holding Trust (Land Trust) Blog will cover all things related to Title Holding Trusts (Land Trusts), also referred to as Illinois Land Trusts or Florida Land Trusts. You are more than welcome to post a comment on any of the articles or ask follow-up questions, but please no solicitations or SPAM posts.

Tuesday
02Feb2010

Can a Title Holding Trust Protect Investors From Liens or Judgments? 

The ability to protect real estate investors, especially co-investors, co-owners or fractional owners in real estate, from liens or judgments that would normally attach to the real estate is one of the biggest benefits provided by the Title Holding Trust or Land Trust. 

You may know and/or remember from our seminars and webinars that the Title Holding Trust changes the way in which an investor or multiple investors own and hold title to real property.  The Trustee of the Title Holding Trust or Land Trust acquires and holds the legal title to the actual real estate and the owner or co-owner is owns and holds the beneficial interest of the trust. The beneficial interest in the trust is a personal property interest and not a real property interest, which means that the beneficiary now owns and holds personal property and not real property. 

Liens and/or judgments can no longer attach to the real estate because the investor or co-investors no longer own the real estate.  They own beneficial interests in the Title Holding Trust or Land Trust.  The lien or judgment can still attach to the individual's beneficial interest in the trust, but not the real estate since it is no longer owned by the individual. 

The Title Holding Trust or Land Trust is a great way to protect owners, especially co-owners, from each other's liens and judgments.