A high net worth and financial stability is บ้าน มือสอง the reward to a successful real estate investor. The Real Estate investor with free and clear real estate holdings, however, is susceptible to a significant loss in the event of a lawsuit and is a prime targets for even a frivolous attack.
In recent years, the lending industry has reestablished Real estate equity lines or HELOC loans. For the free and clear property owner or high equity owner the HELOC loan can be an effective tool in discouraging a lawsuit. When a loan is put in place a Deed of Trust is recorded for the maximum amount of the HELOC loan even though no cash equity has been removed by the borrower. To a Plaintiff's legal counsel, looking at the investor's financial prowess and equity in real estate, it appears that the investor is heavily leveraged with little to zero equity to attack. This may discourage any further action against the Investor.
In addition to the HELOC, A Limited Liability Company or Holding Company can be established as a "Safe Haven for Cash". This legal entity has but one function--to hold cash. It is not engaged in holding assets or operating a going concern, it simply holds on to cash. Once all of the HELOCs' are in place should a lawsuit be filed the owner sweeps of all equity to the Safe Haven LLC by writing checks for the maximum loan amounts and then sends the resulting cash into the Safe Haven LLC. As discussed in Asset Protection for Investors - Part 1 the use of Limited Liability Companies is an effective tool for becoming anonymous to predators who would separate an Investor from their wealth. An effective plan employs numerous levels of protection including liability insurance, indebtedness and legal structures.
While investment grade real estate can be protected through LLC's and indebtedness, the personal residence present a different set of challenges.
The personal residence can be protected utilizing a combination of Land trusts, indebtedness and homestead exemptions. The homestead exemption allows for a minimum amount of equity to be protected no matter the circumstances and is established by each state as to the amount of the exemption. The private residences can have some form of indebtedness prior to being placed inside of a Trust. The level of the restrictions placed on the beneficiaries of the trust will determine in part as to how successful an attack will be on the trust. As an example, an Irrevocable trust is near impossible to attack whereas a Revocable trust may experience less protection of its assets.
The counsel of an experienced Asset Protection attorney is advisable if you have significant real estate equity that is susceptible to attack. The article is not to be used as legal, accounting or business advice and is not offered as such. Contact your counsel and receive a full review prior to employing any of the techniques found in this article.
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