we advocate the use of a bonded corporate trustee because…
because a corporation cannot die and allow the land trust’s corpus (assets) to end up in probate or subjected to estate taxation.
because of their professionalism and experience…a corporation is not likely to yield to legal threats and pressure
because of the corporate shielding of the members (stockholder-beneficiaries) relative to all of the real estate titles they hold
because of its ability to function in Trustor/Trustee relationship as a non-profit entity, acting for the benefit of its members. This is so in order to avoid certain local and federal regulations concerning limitations on corporate trustees (often only banks or title companies or self-owned corporations can be trustees of inter vivos trusts (i.e., which would create a merger of title in the land trust, contrary to its fundamental purpose and function)
because of its bond-ability to protect land trust participants in the event of financial loss of malfeasance in office
because trusteeship by an individual would likely entail handling by an inexperienced person who would most often not know the legal issues and regulations of the land trust concept and who would be most likely to “buckle under pressure” in the face of threatened litigation
because a corporate trustee can act independently as an unbiased intermediary relative to internal beneficiary disputes
because with a corporate trustee strict policies can be dictated and administered without the risk of personal favor or negligence in office
because we have direct access to and immediate rapport with the corporate decisions making officials
because the corporate trustee will provide high-level computerization of all bill paying and collections functions on behalf of co-beneficiaries
because opposing attorneys would be less likely to “attack” an institution with no assets than they would an individual or other entity with assets
because a corporation will be most likely to maintain up to date and accurate records of all aspects of the land trust transaction, including precise records of bill paying and disbursement records
because corporations are held to the highest legislative and accounting standards by the state and federal governments
because a corporation with a favorable history and a large trust fund balance is far more likely to be trusted by those entering the land trust transfer transaction
To find out more about Landtrust and Equity Transfers Using Landtrust, Click Here.
Thursday, January 31, 2008
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