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How to proceed with real estate trust in Boston
Boston, MA
Viewed 119 times.
Posted 10 months ago in Real Estate
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I need assistance advice in creating/planning a real estate trust. (I chose a trust since limited liabiity companies get charged higher interest rates on mortgages)
There will be two individuals in charge of the trust two partners (my business partner and myself). We intend to hire a property manager whom we are familiar with to take care of more complex maintenance issues. My uncle is interested in investing in the trust. I intend to purchase 3 foreclosed properties and manage them for the next 2-3 years. I do not want to allow my uncle to cash out before the next 2-3 years unless both partners agree, (or one partner becomes incapacitated and the remaining partner agrees). I would like the investor (my uncle) to own the majority of the shares in the trust but have no involvement in day to day operations and not be involved in making executive decisions. My uncle is in Germany and isn't an American citizen ... Is this a problem? What does this process involve (process/filings/state agencies/investment agencies)? What liability insurance/business insurance will I need? What succession/illness/death plans will I need so that control of the property will revert back to my uncle should both partners become incapacitated? How much should I set aside for legal bills (estimate please)? Answers (1)Freya A Shoffner
This attorney is licensed in Massachusetts.
Posted 9 months ago.
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The first step in the process is to make sure that you have chosen the right entity. Please be aware that it is usual for banks to charge a higher interest rate on investment property than on an owner occupied residence. Also, many banks will not provide a mortgage when the property is held by certain types of trusts. By insisting on using a trust simply to avoid a higher interest rate, while another type of entity might be far more appropriate, you could be setting yourself up for disaster. Moreover, you must consider whether it is appropriate to use only one entity, rather than one for each property.
Once you have decided on the most appropriate entity, or entities, you should have a competent attorney draw up all of the necessary documents. These include not only the formation documents, such as the Declaration of Trust, but any necessary supporting documents that will serve to define each participant's duties, liabilities, and benefits. Once the documents are executed then, depending upon the type of entity your choose, there will be various filing requirements including filing with the appropriate Registry of Deeds once you purchase the property. You should make an appointment to meet with a qualified attorney to discuss all of your goals and your questions and then work with your attorney to draft the best documents to meet your needs.
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