Legal Question in Real Estate Law in Utah

Trust Deed Investing

I want to start investing in Trust Deeds. Would I be better protected if I require that the collateral property be placed in a single asset entity (LLC)? Specifically, as the beneficiary of the trust would I be in a better position should the trustor file for bankruptcy, either personally or as the trustor?


Asked on 5/17/05, 2:03 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Trust Deed Investing

There are a lot of questions which should be asked in order to give a complate answer to your question. If you are only purchasing trust deed paper, then there is not particular advantage in creating single asset LLCs, unless you have information which would make you personally liable under the trust deed (i.e., property is known to have been polluted.)

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Answered on 5/17/05, 7:23 pm


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