UNLIMITED OWNERSHIP OF INCOME PROPERTY WITHOUT DOWN PAYMENT,
BANK QUALIFYING, OR UNDUE CREDIT RISK
…EVEN INCOME PROPERTY WITHOUT
PAYMENTS IS POSSIBLE
Overall, the North American
Realty Services PACTrust™ is a title-holding device that allows for easy
conveyance of ownership, and incidents of ownership (including tax
write-off benefits). In the arrangement, a 3rd party trustee, whose
actions in dealing with the property's title are wholly at the direction
of the beneficiaries, holds title to the property. Upon one's becoming a
beneficiary, all or a portion of that beneficiary interest can be sold,
traded, transferred or hypothecated by means of a simple Assignment of
Beneficiary interest. In that the lender's security interest is not
impinged upon when a property is placed into such a revocable trust,
Federal Law eliminates the need of involvement by, or permission being
required of, the secured party in the underlying mortgage loan (FDIRA, 12
U.S.C. 1701(d)-3).
Investors may utilize the
North American Realty Services PACTrust™ in various ways. For example,
anytime a seller is willing to remain on the existing financing (keep
their names on the loan), the North American Realty Services PACTrust™
becomes an ideal vehicle for acquiring the property conveniently and
anonymously. That is, easily, quickly and without Public Notice
(Recording), as well as without the potential for the triggering of a
mortgage lender's Due on Sale provision. The No. Amer. Realty Svcs
PACTrust™ tends, in-fact, to effectively protect the property against
liens, suits creditor judgements and even IRS tax liens on behalf of
either party. Also avoided is the necessity for dangerous or marginally
unethical Creative Financing schemes. Without the necessity of subterfuge
or deceit with respect to a lender's security interest in the property,
the PACTrust ™ becomes an ideal acquisition vehicle..
The North American Realty
Services PACTrust™ may be seen an effective legal shield for virtually ANY
creative financing objective. It can, in essence be tantamount to a Long
Term Lease (i.e., a lease for more than 3 years); a Lease Option; a Lease
Purchase, an All Inclusive Trust Deed, an Equity Share Arrangement, or a
Land Contract (e.g., Contract for Sale, Contract for Deed, Contract for
Warranty Deed, etc.). The North American Realty Services PACTrust™ can
meet the objectives and functions of any of these arrangements without the
many risks associated with them.
AS A LONG TERM LEASE:
A Co-Beneficiary North American Realty Services PACTrust™ can be set up
for up to twenty years, with a Lease of the property to a Resident
Co-beneficiary for 2 years, eleven months and twenty-nine days. The lease
with the trust will stipulate that at the end of the original lease term,
the tenant may "hold-over" in the property until the end of the trust
period, unless evicted sooner. Since an eviction would have to be by
mutual direction by ALL beneficiaries: the tenants being one of the
beneficiaries, protects him and effectively continues his/her holdover
until the termination of the trust.
AS AN AITD
(Wrap-Around): A seller places its property into a North American
Realty ServicesPACTrust™, assigning a full Beneficiary Interest to the
"buyer," with the agreement that the property will be leased to the
co-beneficiary on a Triple-Net basis for some specified period of time.
The property is then scheduled to be sold at the end of the Agreement.
Upon sale there is a distribution of proceeds to (between) parties with
respect to each of their proportionate shares of Beneficiary Interest. In
order to avoid reassessment for property tax purposes, and to justify
mutual Power of Direction, we recommend that the shares of Beneficiary
Interest remain at 90%:10% in favor of the "buyer." Then at the end of the
term, the "seller" can forfeit its 10% in consideration of the
co-beneficiary's prompt payment record and strict adherence to the
contract.
AS A LAND CONTRACT:
(Contract for Deed): Benefits are the same as above.
AS A LEASE OPTION: The
property is placed into a No. Amer. Realty Svcs PACTrust™ with the
understanding that, at the end of the Agreement, the property will be sold
to the Resident Co-Beneficiary for Fair Market Value, minus any and all
sums owed to the Resident Co-Beneficiary. In this scenario verbiage is
such that there is actually no "Option" per se; and that there is no
"bargain buy-out" provision other than "…at Fair Market Value, less
amounts due the respective beneficiaries."
AS A LEASE PURCHASE:
Same as above, except that the Agreement provides that the property will
definitely be acquired by the Resident Beneficiary at termination
irrespective of market conditions, relative values, etc. The Rider in this
scenario provides that the co-beneficiary has the obligation either sell
or refinance at termination.
AS AN EQUITY SHARE:
Same as above, except that parties share 50:50 in the Beneficiary interest
within the North American Realty Services PACTrust™, with an agreement to
share all net profits proportionately at termination.
AS A BRIDGE-LOAN DEVICE
(e.g., when a buyer can't finance, or afford a down payment for several
more months or years and the seller may be willing to wait awhile):
The No. Amer. Realty Svcs PACTrust™ affords such a buyer the
opportunity to live in the property, while paying all costs and enjoying
all the benefits and incidents of homeownership, including tax write-off
and waiting until financing and outright purchase is possible. In this
scenario, the No. Amer. Realty Svcs PACTrust™ is set up to coincide with
that point in time when the property can be purchased outright by the
Resident Beneficiary.
AS A VEHICLE FOR HIGHER
RENTS AND FREEDOM FROM ACTIVE LANDLORD RESPONSIBLITIES AND COSTS: A
prudent landlord would be well advised to consider making his rental
tenant a Co-Beneficiary in a North American Realty Services PACTrust™ in
which the rental property's title is vested. This will give the landlord
an ideal opportunity to trade such items as tax write-off, equity, equity
build-up, appreciation and the psychological peace of homeownership, for
such commodities as free maintenance, repairs, upkeep, management… and
much higher rents. Each one of these "items of trade" has a value, and
giving up all or some of each one can more than double rents while
simultaneously [greatly] reducing the expense of renting for the tenant.