Episodes

Thursday Oct 22, 2020
Should I Put a Property into a Trust?
Thursday Oct 22, 2020
Thursday Oct 22, 2020
In this episode I want to talk about trusts and the due-on-sale clause. In my private coaching group, a lot of people ask if they should put property into a trust to mitigate the risk of due-on-sale provision. So here’s my take on it.
What We Cover:
- What is a trust - definition
- What is due-on-sale clause and its origins
- Cases in which due-on-sale clause might be violated
- The risks of putting a property into a trust
- What I prefer to do in terms of due-on-sale provision
- How to mitigate the risk if you have owner financing property
- Applying the substance over form doctrine in your deals
The due-on-sale provision is just not as mean and scary as it sounds. I've not found it to be a big risk factor in what we do. But I'm really against the deal structures that don't make sense, so just keep things clean and simple.
Interested in real estate investing? Get in touch with Brad Smotherman at https://www.bradsmotherman.com/
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