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Holding Title in a Land Trust
or Limited Liability Company
Randy Hughes, known as
“Mr. Land Trust” shares
his expertise and insight.
I
have written a lot about
the virtues of holding title
to your investment real
estate in a Land Trust, but
confusion persists. Most
attorneys advise their clients to
title their property in a Limited
Liability Company (LLC). The
reasoning is that LLC’s give better
asset protection than Land Trusts.
While it is true that LLCs provide
better asset protection than Land
Trusts it makes no sense to put
more than one property in ANY
one entity. Think about it, didn’t
our grandparents tell us “not to put
all your eggs in one basket?” What
exactly does this mean?
When our country was primarily
occupied by farmers (and many of
them were chicken farmers), it
quickly became common knowledge
that when you were collecting
eggs in the chicken coop, you did
not use just one basket. The reason
why you used more than one basket
was if something happened to that
one basket (i.e you dropped it,
stepped on it, something fell on it,
the cows sat on it, etc.), you could
lose ALL your eggs. With multiple
baskets you could at least end up
with something to eat.
This logic holds true with real
estate too. If you hold the title to
your property in any one entity
(i.e. Land Trust, LLC, Corporation,
etc.) and a claim occurs against
one property it can infect/affect the
other properties. This is just
common sense, but since only 5%
of the lawyers in the USA are asset
protection specialists, poor advice
abounds.
Think about this logically. If
you own five properties and they
are all titled in an LLC and a
lawsuit occurs against just one
property... all the properties will be
affected. Oftentimes in a lawsuit a
judge will order that no assets be
transferred by the “owner” (read:
your LLC) even before the jury has
12
rendered its verdict!
This means that you can’t sell
or refinance ANY of the properties
in your LLC until the lawsuit is
over. Most lawsuits take years to
resolve. Are you getting to see the
picture here? I hope so.
Continue on pg. 14
No one will learn to
protect your assets
like you will. No
one will lose sleep
over setting up a
good asset
protection plan to
protect you and
your family...other
than you! So, take
the bull by the
horns and get to
work.