How to Write Up & Protect Money Making Transactions: 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:
Life Estates and Remainder Estates
Estates for Years With Remainder Estates
Convertible Demand Wrap-Around Notes

Wrap-Around Notes & Rent Assignments
Defeating Due-On-Sale Clauses and Prohibitions
Creative Land Trust Applications and Terminology

Combining Land Trusts With Estates and Remainders
Adding and Subtracting Value to Notes and Mortgages
Creating Title Flaws that Protect and/or Destroy Title

Documents and Language that Cure Title Flaws
Corrective Deed Language
Performance Lease, Note, Option and Mortgage Language

Securing an Option With a Mortgage or Trust Deed
Collateral Assignment of Land Trust Shares
Securing Loans Under the Uniform Commercial Code

Chattel Mortgages and Conditional Sales Contracts
Avoiding Mortgage Company Assumption Language