Discussion Forums

I have Ron's Land Trust training materials and I think they are fantastic! I am excited to use them for simultaneous short sale flips.

I've been doing a bit of research on the topic of land trusts, and I've heard differing opinions that when we (as a non-attorney investor) prepare the land trust documents for a seller in foreclosure, that this action could be construed as practicing law without a license, a big "no-no" that could get us into trouble.

So, here are my questions:

1. By preparing (and by preparing I mean filling in the blanks on already created documents and then recording them) land trust docs for a seller, are we practicing law w/o a license?

2. If in fact, you believe that preparing and recording LT docs for a seller could be considered practicing law w/o a license, how then do you prepare the documents for a seller in foreclosure?

Thanks,

Tom

Tom...

Umm, unless you are an RE agent, or otherwise a licensed professional, that as a part of your licensing, the statues or licensing agreement strictly states that you can not practice law without a license, umm... you can. Even if you have a license that prevents you from practicing law, if you disclose that you are a RE agent, and state that you are representing yourself as an individual (and not a RE agent) with this transaction, I believe that you are fine.

How many business contracts are made daily, by non-attorneys? You know that those are legal documents? Write someone an I.O.U. that is a legal document... Rent a house, using a lease agreement or Sell your car, and give a bill of sale, again... tsk, tsk, tsk, you wrote a legal document.

Practicing Law without a license is common place, in fact the legal term is pro se... It is not illegal, and all parties has the right to have all legal documents reviewed by an attorney, before they sign.

So I would not worry about that in the slightest... But I am NOT an attorney, and you should be asking an attorney about this issue, if you have legal questions... The above opinion is mine, and never had any issues with my legal practices.

Hope that sheds some light.

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Michael Suess
Synergy Properties, LLC