To begin with, your ownership of the property will be protected against any liens, judgments or lawsuits against you or the other co-owner. In actuality, the fact that you legally do not own the property, (the trust does) makes you an unlikely target of a law suit. Ask any lawyer. When a prospective client comes in to file a law suit against you, the first thing the lawyer will do is to do an asset search to see what assets, such as real estate you own. No assets? No suit. Disputes arising from differences between you and your co-owner are precluded by the trust agreement, which is drawn up and agreed to by you and your co-owner prior to entering into the transaction. It clearly spells out the responsibilities of each party; who pays what and when, who does what and when. And of course, one of the most important obligations of the beneficiaries are the financial ones. The trust agreement is very clear and direct. If either beneficiary does not meet their financial obligations in a timely manner, their ownership interests are in jeopardy. In the case of default by the resident owner ( the one occupying the property) the trustee serves them with a Notice of Eviction. There is no drawn out and expensive partition and sale or foreclosure action needed as the former resident beneficiarys status has become that of a holdover, a non-paying occupant of the property, subject to eviction in 30 days in most jurisdictions. It should be obvious also that since the property is not owned by the co-owner, his divorce or even spontaneous combustion has no effect on the property. It is interesting to note that another quirk of the trust law is that the bank cannot call the mortgage because you sold part of the property, the title is owned by the trust. Now, the question remains, why a person would take on the responsibility of becoming a resident co-owner? There is a huge pool, millions of people, literally, who desperately want to own a home but do not or can not qualify for a mortgage. So, even though they have the income, they are still unable to buy their home. Typical people in this situation are small business people, self employed people, foreign nationals and those recently out of bankruptcy or with foreclosures on their records. The trust allows these buyers to move into their own home right away, to enjoy all the advantages and responsibilities of home ownership immediately and without worry. The fact that the resident co-owner shoulders the responsibility of paying the mortgage, doing the maintenance and repairs while living in the property entitles them to all of the tax benefits accruing to a home owner. (In IRS speak, they have all the burdens of home ownership.) In return, they share the equity resulting from the pay down of the mortgage as well as a share of future appreciation with you, their co-owner. And of course, the psychological pride of ownership is a benefit as well. These people would jump at the opportunity to be able to own their own home now without the intrusive bank red tape. The co-owner arrangement allows them to have their cake and eat it, Now! The co-ownership arrangement could continue indefinitely or until your co-owner decides to get his or her own mortgage or wants to sell the property. At that time, they would pay you your share of the appreciation and equity buildup and pay off your mortgage. Ask your realtor or lawyer to help you set up a New Equity Share program today! |
