THE MOST VERSATILE, LEGAL AND SAFE ALTERNATIVE EVER, FOR OWNER-CARRY
REAL ESTATE FINANCING
“The ODWM EHTrust Transfer™“
The Open Door Wealth Mastery EHTrust Transfer™ is singularly the most logical, safe and legal means ever for passing the benefits of real estate ownership from one party to another…’without the necessity of new mortgage financing, down payment, stringent credit requirements or compromise of any legislative admonitions or prohibitions.
For nearly thirty (30) years, the Open Door Wealth Mastery EHTrust Transfer™ System (i.e., the EHTrust™) has functioned superbly via the combined use of the (Illinois-type) real property holding-trust in conjunction with a Special Assignment of Beneficiary Interest, a proprietary Co-Beneficiary Agreement (i.e., ‘analogous to a “partnership agreement”), a Trustee’s Deed, a Trustee-Direction Letter, a Limited and Revocable Power of Attorney and a proprietary Triple-Net Lease of the corpus (i.e., ‘the property’) and other documents as may be required, ‘depending upon the nature and complexity of a particular transaction.
With this time-tested asset-protection and real property transfer method, a property-owner [mortgagor] of record transfers public evidence of ownership from him/herself to a licensed and bonded third-party, corporate trustee, while retaining all property management responsibilities and full directive powers (“Power-of-Direction”) over the nominated provisional title-holder…’i.e., the non-profit 501C charitable corporation, acting as trustee.
Within the EHTrust Transfer™, the (“a”) beneficiary can be one party (‘i.e., a single man or woman or business entity, such as an LLC, a Corporation or an Estate); or the beneficiary can be a husband and wife owning jointly: ‘or…can be wholly unrelated multiple parties, in which regard, Beneficiary Interest in a multiple-beneficiary EHTransfer™ is most often a specific percentage of ownership (i.e., ‘in the trust, not pf the property). Such percentages are assigned in proportion to each party’s respective contributions to the trust…‘all (‘each) of whom can therefrom be availed of ALL fee-simple, real property ownership benefits: i.e., ‘whether serving as a Resident Beneficiary or as a Non-Resident Beneficiary. The Settlor Beneficiary (‘the property’s owner-of-record and settlor/grantor) of the trust may opt to retain full Power-of-Direction within the trust, ‘or can agree to share such directive powers with the other beneficiaries.
- The subject property is vested in a licensed and bonded third-party non-profit, corporate title-holding trustee
- A co-beneficiary (i.e., an acquiring party) is assigned up to 90% fo the beneficial interest in the trust
- A Beneficiary Agreement (‘analogous to a Partnership Agreement) is executed by and between both (all) beneficiary parties
- The property is then leased to the resident co-beneficiary (Resident Beneficiary) by means of a triple-net, all inclusive lease agreement: the periodic payments for which include the underlying mortgage principle and interest, all recurring maintenance expenses, pertinent property tax, and hazard insurance premiums
- First, as per the Beneficiary Agreement, the property is sold, or refinanced by the Resident Beneficiary (‘who holds the Right of First Refusal). There is no granting of an Option to Buy at a discount, ‘only the right to buy at fair market value — ‘less any money owed to the purchaser by the trust upon its termination
- Second, all costs of sale or other disposition (e.g., re-fi, exchange, re-lease, etc.) are covered (say, for escrow, title, commissions, etc.)
- Third, each beneficiary receives a refund of any initial non-recurring expenditures having been paid-in at the transaction’s inception
- Finally, all net-proceeds from sale or other disposition are distributed among the beneficiaries in proportion to his/her respective percentage of beneficiary interest having been held in the trust during its term.
In this unique process, the previously referenced Home Ownership Benefits accruing to the Resident Beneficiary include:
- Land Use
- Quiet Enjoyment
- Income Tax Deductibility (re. Mortgage Interest and Property Tax)
- Economic Appreciation
- Equity Build-Up from mortgage principal reduction… ‘and
- The right to let or sublet (i.e. lease or sublease)…’or to vacate the property at the trust’s termination (‘or sooner if all parties are in agreement), and…
- Pride of Ownership.
It should be noted that all of these home ownership benefits are derived wholly without any necessity for new mortgage financing, and without any more down-payment or credit qualification than the primary party (‘usually the settlor “seller”) might require…’and, as well, wholly without the Co-Beneficiary/ies needing to be named in the public record, on the property’s title or on the underlying mortgage.
Within the structure of the EHTrust Transfer™, virtually all home ownership benefits are transferred intact to the acquiring party without there being a loss of such ordinary benefits or fee-simple ownership rights that would ordinarily accrue to any party.
‘Neither is there a violation or compromise of any prevailing governmental regulation or restraint: i.e., ‘such as, say, those seen in the 1982 Garn-St. German Act (i.e. the 1982 FDIRA ‘re. due-on-sale admonitions concerning a mortgage lender’s right to foreclosure due to unauthorized transfer of title); ‘nor is there a compromise of the 2014 implementation of the Dodd-Frank, Wall Street Consumer Financial Protection Act, with specific regard to prohibitions concerning Owner-Financing of real state. (Note that the EHTrust Transfer, although conveying full homeowner BENEFITS, does not involve a loan of money, a credit transaction, a real estate sale or purchase or any Option-to-Buy at any amount less than Fair Market Value).
It should be carefully noted that even though virtually 100% of all benefits of real estate ownership are being passed from an owner-of-record to another party, the EHTrust Transfer™ does not constitute creation of any of the following:
1) A sale of the real estate,
2) A purchase of the real estate,
3) A mortgage or extension of credit,
4) An option to buy,
5) An executory contract,
6) A contingent(cy) sale,
7) A disguised security agreement, or
8) A partnership, corporation or business trust.