Privacy/Anonymity. Except for the original owner's conveyance of title to the nominated trustee, the land trust and related documents are never placed into the public record (e.g., nothing is "recorded"). Furthermore, a land trust trustee is exempt from any requirement to reveal information about the trust, or the identity of its beneficiaries...to anyone, absent a court order.

  Probate Avoidance. In the even of the death of any beneficiary, ownership of the property doesn't change (assuming a fictional entity such as a corporation is the trustee) one's interest in, responsibility for, and burdens of, ownership inure to the heirs or estate of the deceased party.

  Limited Title Transfer and Title Involvement. The legal and equitable ownership of (title to) a property having been placed in an Equity Holding Trust^TM passes only to the trust's nominated trustee. The full Power of Direction (over the actions of the trustee) stays with the grantor. The original owner maintains exclusive control and management of all matters relative to the property and its title, until a silent transfer of a partial beneficiary interest to a co-beneficiary (to be-named later) takes place.

  Following such conveyance of title to the trustee, and the appointment of a remainder or co-beneficiary, the trust property itself can be leased to that same would-be homebuyer, turned co-beneficiary. This duality of roles within the arrangement allows the tenant/beneficiary ("buyer") the advantages of virtually all of the benefits of Fee-Simple or Fee Defeasible ownership of real estate (i.e., that means all the ordinary benefits of ownership of real property… the "Bundle of Rights"), even though he or she has absolutely no legal or equitable title interest in the property itself.

  Whether the trust property is leased first with beneficial interest being conveyed later on, or beneficial interest is conveyed first and the leasehold conveyed later, is inconsequential provided the trust itself is legitimately established in advance of either of these secondary actions.

  Current Property Tax Basis Can Remain Unchanged. In that the land trust underlying the Equity Holding Trust^TM arrangements is a bona fide inter vivos (living) trust, conveyance of a property into it does not constitute a taxable sale or divestiture of real estate. Since no profit or recognized capital gain takes place by transferring "bare" legal title to such an asset protection device, the current property tax assessment remains unaltered as no "sale" of the property is entered into the public record. As well, the subsequent unrecorded assignments of leasehold and/or beneficial interests in the trust are seen as assignments of personal property only, which are not subject to conveyance or transfer taxation, or to alteration of the property-tax assessment basis.

  Freedom from judgment lien attachment to the property. In a properly constructed land trust in states wherein land trust are viable (all but Tennessee and Louisiana), judgment liens of any kind against beneficiaries do not attach to the land (even including IRS and State Welfare liens).

  Avoidance of litigation. When it would appear that a person had no assets, especially real estate assets, seldom most attorneys will wrinkle up their nose and eschew any further process without a giant Retainer Fee.

  Ease of transferring ownership interest. A beneficiary in a land trust merely needs to complete a simple assignment form and notify the trustee of the assignment to sell his interest to another. No waiting, Realtors®, escrow, new title insurance, new hazard insurance, settlement statements, table closings, etc.

  Ease of multiple ownership and control over the property. When a property's legal and equitable titleholder is a third party trustee, and when multiple beneficiaries hold mutual powers of direction, the trustee can be instructed to respond only to unanimous express (written) and constructively delivered (certified mail) instructions. This prevents any party from acting on its own to the detriment of the others, and partition by dissident beneficiaries in properly constructed land trusts is not allowed.

  Easiest foreclosure. Since the asset held by a beneficiary in a land trust is clearly personal estate versus real estate, a lender need merely "repossess" beneficiary interest as one might a car, boat, trailer, furniture, business machinery etc.). In other words, a lender could make a fully secured loan to a homeowner by having the homeowner place its property into a bona fide land trust, and then taking a collateral assignment of the beneficiary interest in the trust along with the filing of a UCC-1 Financing Statement as its security. Then in the event of a default by the borrower, the property could be taken and sold without a dictated notice-of-default or lis pendens period; without a mandated publication period; and without a redemption period. In such an arrangement the lender would be granted a mutual power of direction: or the trustee could merely be directed to respond only to beneficiary instructions when expressly sanctioned by the secured party.

  Easier and safer "Creative Financing" of all types. Through the use of the Equity Holding Trust^TM process, one can emulate all the objectives and end-result of any creative financing arrangement without the downsides of standard "creative" schemes or seller-carry arrangements (straight leases, straight options, lease options, lease purchases, rent-to-own, wrap-around, equity share, contract for deed, land-sale contract, etc.). The idea being, that once the property is vested in a land trust, its beneficiaries can agree on any outcome they would desire (contingent purchase, lease with option, profit share, shared payment stream, shared tax write-off, etc.).

  Bypassing real estate laws and restrictions. In that the sale of beneficiary interest in a land trust is declaredly personally and not realty, one doesn't need a license to deal in it, especially if one is a principal in the transaction. Few states, if any, would have specific business and professions codes regulation requiring a license for dealers in the purchase and sale of beneficiary interest in land trust. However, (carefully note) irrespective of the forgoing it is recommended by yours truly that if you are not a licensed Realtor®, you would be well advised to take care to be at least a temporary principal in any land trust transaction with which you would be associated. In other words, "wear a belt with your suspenders" by selling your own option to acquire rather than direct interest in a land trust or property in which you are not a principal. Obviously just a formality, but one which will cause the watchdogs and jealous Realtors® to think it over before presuming they can jump on you.

  Compared to more common (and more precarious) forms of seller-assisted real estate financing, the Equity Holding Trust^TM provides virtually all the same benefits of home ownership that any new mortgage might, with minimum effort, and maximum safety and convenience: for example some of those benefits might include

1. Easier credit qualification and payment arrangements for a buyer (e.g., the buyer is qualified by the property owner on his/her own terms, not as dictated by a conservative bank underwriter).

2. The buyer need only pay low, minimal or maybe NO down payment-the Equity Holding Trust^TMbuyer often pays closing costs only (which include escrow fees, miscellaneous set-up fees and charges, and perhaps all or a portion of the real estate commission).

3. Even though title is not passed to the buyer, that party is entitled to all income tax deduction for mortgage interest and property tax payments.

4. A party who would otherwise be just a "tenant" can receive equity build-up due to reduction of the mortgage principal as payments are made. Note that the older the loan at start, the more the principal is reduced with each successive payment)

5. The equity trust buyer/investor receives appreciation and greatly increased profit potential by controlling the property and the income tax benefits associated with the property and the mortgage.

6. The property in an equity holding trust is protected (shielded) from creditor judgment, tax lien, lawsuit, bankruptcy or claims in marital dispute by an [ex]spouse of either party (resident or non-resident beneficiary).

7. A tenant buyer or investor in an equity holding trust can enjoy "pride-of-ownership," without the rules and constraints of conventional real estate acquisition and mortgage processes.

8. Ownership via the equity holding trust needn't impact a beneficiary's financial statement (if listed at all, only the equity interest in the title-holding trust would need to show, not ownership and debt on realty) ... a real benefit when applying for credit.

9. All beneficiaries in an equity holding trust are protected from illicit or untoward acts of any of the "other parties" (e.g., a seller's neglect in paying related bills; non-responsiveness to city ordinances; damaging the property's title by improper, illegal or neglectful acts).

10. The would-be homeowner or investor no longer needs to scrimp and save and accumulate cash "forever" in order to begin enjoying the benefits of real estate ownership and the wealth and peace of mind that comes with it.

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  Compared with virtually any other "non-traditional" financing program, the Equity Holding Trust^TM system affords a seller maximum protection and safety, as well as:

  Ease of Dealing with Default. In the event of a tenant beneficiary's default, eviction of an Equity Holding Trust^TM resident beneficiary bypasses the costly and arduous processes of Foreclosure The resident's ownership rights remain limited to a beneficial interest in the trust in which the property's title is vested … not in the property itself. In essence, a defaulting resident beneficiary is seen and treated as a defaulting tenant rather than as a defaulting owner of record. For example, in the event of non-payment, such default can be met with a Notice-to-Pay-or-Quit, and, if necessary, an Unlawful Detainer Action to regain possession. From the inception of the NARS Equity Holding Trust, all parties have agreed that any uncured default by anyone who is a tenant in the trust property will result in:

    A) Immediate eviction

    B) A Fair Market Value Buy-out of the defaulting beneficiary's interest by the non-defaulting beneficiaries,

    C) Revocation of the underlying land trust, and

    D) A sale of the property

  Note that when the offer is made to acquire the interest of a defaulting party, if the amount being offered is considered unsatisfactory (I usually offer the remaining loan amount plus a dollar), the defaulting party-after having vacated the property-is entitled to challenge the offer. How? By ordering a full M.A.I. Appraisal ("Member American Appraisal Institute") by which all parties agree to abide, in order to determine the true amount that should be paid.

  If the defaulting party actually goes though these steps after payment of a "default fee" of some stipulated amount ($2-3,000 usually), and after bringing all payments and charges current (should he or she be able to prove they are owed more money), the acquiring parties are obligated to pay that amount to them. But only in the form of an UNSECURED promissory note, whose principal amount is mutually agreed not to be due until the trust terminates and property is ultimately sold or refinanced.

  Income Tax Deferment. The Equity Holding TrustTM constitutes divestiture of personal property rather than real estate. The establishment of a sales price per sé would eliminates the possibility of the transaction being seen as a "contingent sale". So the parties settle on a "Mutually Agreed Value" at inception rather than a "selling price." The documents make it clear that this Mutual Agreed Value ("MAV") has been established solely for the purpose of determining the estimated amount equity in the property at inception. A sales price will not, therefore, be determinable until the actual termination of the trust and completion of the related lease agreement (possessory agreement) in from one to twenty-one years (or more, if extended by mutual agreement of beneficiaries). >>>

  Since this type of contract doesn't actually constitute a sale of real estate, income tax on capital gains that would otherwise be due upon the transfer of title and possession can logically be deferred until the termination of the underlying land trust and disposition of the trust property.

1. A legitimate "take over" of an existing loan's payments, without loan assumption or violation of the lender's alienation protection and "due-on-sale" provisions.

2. A better "selling price." In view of the benefits derived by the offeror, an Equity Holding Trust^TM System's Mutually Agreed Value ("MAV") is typically higher than a standard "purchase offer".

3. A faster sale and shorter escrow.

4. Avoidance of the IRS' imposition of tax on debt relief (with reference to an over-encumbered property) when foreclosure or "short-sale" are the considered options. The Equity Holding Trust^TM seller needn't destroy his/her credit and walk away with nothing to show for all those years of expense and hard work (see #10 below).

5. Freedom from loan payments, which may no longer be affordable, as well as an escape from escalating insurance and maintenance costs-in that the resident beneficiary generally pays all such costs.

6. Enhanced income and profit potential, compared to what renting or leasing can provide. Elimination of one's negative cash flow, management costs, maintenance and vacancies. Gross rental income is often increased by 150 percent (or can even be doubled in many cases), while net rental profit can be quadrupled and quintupled by virtue of one's being able to control and assign the income tax benefits.

7. Protection from possible injurious actions of the "other party," (e.g., a resident's non-payment, disrepair, disregard or damage to the property). In comparison with any other seller-assisted financing arrangement, The Equity Holding Trust^TM shields the property from an errant resident's tax liens, lawsuits, bankruptcies, judgment liens or marital disputes.

8. Ease of collection of the resident's payments; disbursements to creditors; late notices; and any necessary admonitions, evictions or other legal processes-because the seller need not ever handle these functions.

9. Ease of eviction and avoidance of the anguish and expense of judicial foreclosure, ejectment and quiet title actions to regain possession following a buyer's default. A prominent advantage of the Equity Holding Trust^TM over other types of seller assisted financing is that it allows for a standard eviction and Unlawful Detainer process rather than foreclosure.

10. Possible participation in the profit potential relative to a future sale, while throughout the term of the agreement someone else has paid all the bills and handled all the maintenance and repairs. An Equity Holding Trust^TM System^TM seller could opt to retain-along with any beginning equity-a percentage of the property's future profit potential. The justification for such participation might simply be one's having obtained the original loan, having made the original down payment; and/or remaining at risk [re: the continuing mortgage responsibility] on behalf of the buyer.