| Land Trusts |
|
| A land trust is a device by which land is conveyed to a trustee for the benefit of another. A settlor is the owner of the property that is placed into the trust. A land trust is created when settlor expresses his or her intent to create a trust through a written instrument. The instrument must name the trustee and identify the trustee's powers, the beneficiaries, and any remaindermen. The settlor may be the trustee and, in most cases, the beneficiary of the land trust. More... |
|
|
| Foreign Investment in Real Property Tax Act FIRPTA |
|
| In the year 1980, Congress enacted the Foreign Investment in Real Property Tax Act (FIRPTA). The law can be found at 26 U.S.C.S. § 1445. Briefly stated, the law provides that if a seller of real property is a "foreign person," the buyer must withhold a tax equal to 10% of the gross purchase price, unless an exemption applies under the law.
More... |
|
|
| Judgment Liens and Other Types of Liens against Real Property |
|
| Most agreements for the sale of real estate contain a clause that requires the seller to convey "marketable title" or "merchantable title" to the buyer. In essence, "marketable title" refers to a title free of encumbrances. A lien is an encumbrance upon real property, and the existence of a lien on real property renders the title unmarketable. More... |
|
|
| Tangible and Intangible Property |
|
| Property is an external thing that can be owned or possessed. Property can be divided into two categories: tangible and intangible. The word tangible refers to something that has a definable physical form that can be felt or touched. The word intangible refers to something that cannot be perceived by the senses. More... |
|
|
| Mortgages -- Mortgages and Deeds of Trust Distinguished |
|
| In connection with real estate financing, sometimes the terms "mortgage" and "deed of trust" are used interchangeably. The two are not the same. In fact, important differences exist.
More... |
|
|