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A Preliminary Proposal is Generally Provided for Review by the Offeree (“Seller”) Prior to the Official “Offer to Acquire” (I.e., the EHTransfer™ “Purchase Offer”)
A BRIEF SYNOPSIS OF THE ARTICLE BELOW
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This Proposal data form is deigned to allow you to build your multiple-beneficiary Equity Holding Trust Transfer™ (EHTrust™ ) with a minimal amount of effort
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Parties to be named are: ‘the settlor-beneficiary/ies (‘the owner/s of record), ‘the investor-beneficiary/ies and/or ‘the resident-beneficiary/ies)
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At this point, for maximum time-savings and convenience, it’s important to have as much as possible of the needed information at hand and ready for input,
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Complete the form by merely filling in the blanks to the best of your knowledge (‘precision is not mandatory until your Final Offer is presented)
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In any area of the form where information may be unavailable or not relevant, ‘insert the initials TBD (“to be determined”) or N/A (not applicable”) and locate this information prior to the final presentation of your offer to acquire.
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The Proposal is intended to be a reasonably detailed (‘but not overly so) explanation to a property-owner of your intentions relative to a soon-to-come Offer re. acquiring ownership benefits in his/her/their property via a, without the need for new financing, new hazard and title insurance, underwriting, , new loan seasoning, other time-consuming mortgage processes (i.e., escrow, title, inspections, etc.): all without title transfer to yourself (‘only to a mutually nominated third-party trustee).
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The (actual) simplicity
The EHTrust Transfer ™ entails the placement of a property into a “third-party trustee, title-holding trust” and then naming a second co-beneficiary who will lease the property and take care of it. Once this simple process is complete, the tenant-beneficiary is entitled to ALL (100%) of the fee-simple benefits of real estate ownership (‘i.e., including income tax deductions for mortgage-interest and property-tax);and it’s all done without the necessity of new financing or down payment.
The (perceived) complexity
Perceived complexities of the EHTrust Transfer ™ appear only when one begins to arduously examine the myriad special (highly asset-protective) benefits, features and unique advantages of the “3rd-party-trustee, co-beneficiary” title-holding (Illinois-type) real estate trust, that underlie the inter-related group of documents forming the Equity Holding Trust Transfer (EHTransfer™) System [Which documents are prepared and provided to you by our experts].
In essence, the message you want to convey to your client when making the initial Proposal is most often something like:
“Dear Mr./Ms. Seller, for your consideration, I’m here proposing to acquire your property at the Mutually Accepted Value (MAV) of $_____________.
My requirements are few, ‘but do include 1) your consent to leave the property’s existing mortgage in place for a few years (i.e., say, from 3 to 20), and 2) allowing me to have the property held for the term of our agreement in an asset-protective, holding-trust (‘in your name) wherein you and I will be mutually well-protected co-beneficiaries until the agreed-upon trust termination date, at which time I’ll either refinance the property in my own name, or sell it on the open market. At that time, I’ll retire the current mortgage and pay any money that might be due to you relative to current equity carried (‘if any).
My intent is for a carefully selected resident-partner (co-beneficiary) and myself to fully assume all responsibility for mortgage payments, insurance premiums, property tax and all maintenance costs during the term of our agreement. The primary responsibility for payments, upkeep, taxes, insurance etc.. shall be all mine. ‘Should my resident partner ever become in default, his/her eviction, ejectment and replacement is 100% my responsibility.
It’s important for you to know that the proposed transaction, although unique, is for our (yours and mine) maximum protection and benefit, and is equivalent in-effect to any “Owner-Carry” Sale and Purchase of real estate; however, due to the existence of the third-party trustee (i.e., analagous to an Escrow holding process), it is far safer in many respects (e.g., re. ‘not-compromising any lender’s admonitions re. unauthorized title transfer (i.e., re. the so-called “due-on-sale clause” in today’s mortgage loans 12USC1701-j3). Note as well that neither does the EHTransfer™ in any manner constitute a compromise of Section 1502 of the recent Dodd–Frank Wall Street Reform and Consumer Financial Protection Act re. prohibitions regarding Home Owner Purchase-Financing.”
Other remarkable features and safety factors inherent in the EHTransfer™ include (‘among many): effective shielding of the property against litigation threats and liens by judgment creditors (‘including even the IRS); the fact that one’s name (neither yours nor mine) need ever appear in the public record…’until some stipulated date in the future, when the property is ready, according to our contract, to be sold or refinanced (‘at which point I will retire all existing encumbrances, as well as returning to you any moneys, if any, that might be owed at that time).
When setting-up your EHTrust™ proposal…
It’s important to understand that the transfer taking place in this case is actually a transfer of personalty (i.e., personal property); i.e., versus its being a transfer of realty (real estate), as would be the case were one to be acquiring ownership interest via a deed in a standard purchase. In this regard, even though 100% of all sale and purchase benefits are being achieved, it’s essential that related documentation clearly reveal the nature of the EHTrust Transfer™ to be a “bulk-sale assignment” of personal property, and not a real estate transaction per se (even though all the same benefits are there). One can, however, accurately view the EHTrust Transfer™ as being similar in context to, say, one’s acquisition or relinquishment of interest in a business, or of stock certificates…’or perhaps even a beneficiary interest in one’s life-insurance policy or structured-settlement.
Within the Proposal Document itself and in the subsequently remitted Offer-to-Acquire, all of which we complete for you, we’re obliged to avoid ambiguous terminology, which could mislead or confuse anyone unfamiliar with the nature and specific nuances relative to acquiring or transferring beneficiary interest by way of title-holding real estate trusts (you needn’t be concerned, as we handle such documentation)..
For example, certain terms and expressions that should be used with caution, or be avoided completely in documentation or other written communications regarding the EHTrust Transfer™ include:
- Owner (i.e., of real estate… ‘we use “Relinquishing Party“)
- Buyer (we use acquiring party or “assignee”)
- Buying or purchasing real estate, (we use “acquiring“)
- Selling (we use “relinquishing” or “transferring”)
- Seller (we use “relinquishing, or transferring party“)
- Lender (we use “mortgagee of record“)
- Borrower/Mortgagor (we use “owner-of-record“)
- Loan (we use “underlying financing“)
- Equity [in real estate] (“settlor’s contribution“) a term not used unless referencing the trustee’s legal and equitable title-ownership of the property)
- Real estate mortgage/ing, financing, lending (‘never used when referencing the EHTrust Transfer™)
- Holding Ownership i.e., ‘other than ownership by the trustee (‘we refer to holding “the Benefits of ownership“)
- Option to Buy (we use “right to acquire” i.e., ‘at full FMV, less moneys owed to the buyer by the trust at the time of purchase)
- Down Payment (‘money taken in upfront from an acquiring party is posted to a Refundable Contingency Fund; whereas any sums charged of a relinquishing party for services rendered are taken in as a “Facilitation Fee“)
- **In advertising, the expression “No Money Down” should never be used; but the term “No Down Payment” can be in as much as there are often initial costs incurred relative to setting up the trust, the collections account, escrow fees, title insurance searching and updating, etc….which are not considered a part of a DOWN PAYMENT.