How To WRITE AND PROTECT MONEY MAKING TRANSACTIONS BY Jack Miller  SOPHISTICATED CONCEPTS WITH WORDAGE TO PUT THEM TO WORK

Creative real estate spawns a variety of unconventional structures which doubtless convey a host of desired benefits to the participants in transactions. Unfortunately, the lofty aspirations of would-be deal makers are tethered to the more mundane talents and experience of those who must put together the documents and language to meet the requirements of the title and contract law. That's usually where the trouble begins.

At the point where the rubber meets the road, things seem to fall apart. Not because the parties to a transaction become disenchanted so much, but because the minions they rely upon to execute the documents simply don't have any place to turn to for guidance. As a result, there are more than just a few slips betwixt cup and lip in documenting exotic real estate deals.

In the following pages, I've attempted to craft language to help out both the real estate whiz bangs who dream up creative transactions and their staffs who must pull together the necessary documents. I've done the best I can to present language in the below examples which, if not particularly inspiring, is at least workable and available. Please feel free to test it against the counsel of the best legal and accounting minds you can find. If they are able to fault its legal sufficiency, let me know. We're all looking for ways to do things better and more efficiently. Your input and that of your staffs are welcomed with open arms.

Table of Contents:

2. Life Estates and Remainder Estates
6. Estates for Years With Remainder Estates
8. Convertible Demand Wrap-Around Notes
11. Wrap-Around Notes & Rent Assignments
15. Defeating Due-On-Sale Clauses and Prohibitions
21. Creative Land Trust Applications and Terminology
23. Combining Land Trusts With Estates and Remainders
25. Adding and Subtracting Value to Notes and Mortgages
30. Creating Title Flaws that Protect and/or Destroy Title
34. Documents and Language that Cure Title Flaws
37. Corrective Deed Language
38. Performance Lease, Note, Option and Mortgage Language
42. Securing an Option With a Mortgage or Trust Deed
43. Collateral Assignment of Land Trust Shares
45. Securing Loans Under the Uniform Commercial Code
47. Chattel Mortgages and Conditional Sales Contracts
49. Avoiding Mortgage Company Assumption Language