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How to Transfer Properties

What to Know Before Selling or Refinancing

What Is a Property Transfer?

A property transfer is the process of moving your deed in/out of your asset protection structure:

  • Protecting a new property
  • Selling an existing property 
  • Refinancing an existing property 

To accomplish this, we typically create a Holding Company which holds a Land Trust which holds your deed. The deed is then titled into the Land Trust (into structure) or into your personal name (out of structure) depending on the use case.

What Is the Transfer Process?

Transferring Into Structure:

  • We prepare a Resolution of Trust that appoints Scott Royal Smith as Trustee of your Land Trust.
  • Once transferred, Scott automatically resigns as Nominee Trustee which conveys the property back to you (inside your asset protection structure).
  • We can record the deed for you or send the originals to your closing attorney (these services have a nominal fee).

Transferring Out of Structure:

  • We prepare a Resolution of Trust that re-appoints Scott Royal Smith as Nominee Trustee of your Land Trust.
  • Scott automatically resigns as Nominee Trustee, conveying the property back to you.
  • We can record the deed for you or send the originals to your closing attorney (these services have a nominal fee).

What Is Included?

Transfers include the deed, ancillary documents, and a recording instruction letter. Wait for us to provide documentation for transfers in/out to ensure a smooth process.

IMPORTANT! Do not send any copies of your Land Trust agreement, LLC operating agreement, or any other structure documentation to your lender, title company, closing agent, closing attorney, or any other party to your transaction.

The recording service and county recorder fees are not included and will be invoiced separately.

How Long Does a Transfer Take?

Step #1 - The initial transfer timeline doesn't start until you've paid your invoice and completed your questionnaires:

  • Standard: usually around 4 weeks
  • Expedited: under 2 weeks.

Step #2 - County recording time varies and is at the recorder’s discretion after we submit your deed.

NOTE: If you have a closing date, we often recommend sending the original signed deed to your title company or closing attorney to record at closing to avoid recording delays.

Do I Really Have To Pay Every Time?

In most cases, yes, at least if you are trying to preserve your anonymity and protection. That said, if you are planning on moving the property in the next 3-6 months, it could make sense to skip the extra transfer. This is situational and you should speak with your attorney and the lender (if applicable) so you understand their seasoning policy.

Why Do You Recommend Transferring Out Before a Sale?

Selling directly from the Land Trust creates complications that cost additional money and can compromise your anonymity:

  • Proceeds are payable to the trust, requiring you to open a new bank account in the trust’s name.
  • Opening that bank account requires an EIN for the trust and a trust amendment, which incurs additional fees.
  • The closing agent will likely require a Certificate of Trust that will reveal your name, the trust name, and the LLC name on public record. This invalidates your anonymity.

Why Do You Recommend Transferring Out Before a Refinance?

The Mortgage or Deed of Trust typically includes your name, the name of your parent entity, and your Land Trust name. This will be recorded on public land records, which would invalidate your anonymity.

Are There Any Risks to Transferring Out?

In most cases, transferring to your own name is the simplest path. However, certain loans may require title to remain in a single name for up to 90 days prior to a sale. Refinance lenders may require up to 6-months of seasoning after the transfer. Always confirm your lender’s policy before starting the transfer.

Can I Refinance While Staying in the Land Trust?

If your lender assures you that no loan documents will be recorded on public record (preserving your anonymity), we can assist with a Certificate of Trust instead of a full transfer. However, most refinances involve recorded documents which is why we recommend transferring out first.

What About 1031 Exchanges?

If you are doing a 1031 exchange, it may be better to sell directly from the Land Trust, even though this creates anonymity risk. We recommend connecting with your attorney to evaluate your specific situation.