Legal Question in Real Estate Law in New York
business trust
1)I have a business trust ''common Law trust'' when purchasing land/house What states do not require a trust agreement to be recorded?
1 Answer from Attorneys
Re: business trust
not sure what you mean by a "common law trust". I've seen some companies promote these as a tax avoidance scheme - which can be pretty shaky.
I actually saw some company promoting these which claimed since it was a "common law" trust, it wasn't subject to the laws of the United States - including tax laws. this same company offered a subscription to a newsletter and the price was in grains of silver - since they didn't recognize US Currency. These are the kinds of folks that sometimes end up in a siege with the US Marshalls.
MA and NH each require some sort of "certificate" of the trust - ie, not the whole trust - to be recorded. not sure about NY.
again, you may think you have greater rights / protection under this "common law" trust than you actually do - you really should need some qualified legal advice.