Negative Mortgage

Over Encumbered Properties


Unfortunately there are far too many over-encumbered home owners who would gladly list and sell if they just didn’t have to face the pitfalls of the many Offer and Comprise (short sale) and “walk away” options they have been exposed to.

For example, they can:

  1. sell for less than the loan and pay exorbitant income tax on the debt-relief at the cost of their credit;
  2. they can sell short and declare bankruptcy;
  3. they can turn their properties over to one of those companies who charge an arm and a leg to hold the title while the bank forecloses and destroys their credit (some of these companies are now even collecting rent from the distressed homeowner, while the inevitable foreclosure foments).

The answer? Well, how about simply locating someone capable of taking over the monthly payments on the property in exchange for the tax write-off and the use and occupancy of the property (all the benefits and incidents of home ownership). There are virtually thousands who are willing to do just that.

Imagine this all happening quickly and legitimately without a new loan or loan assumption; without violation of lender’s due-on-sale clause; and without involving the property’s title; and even with full tax benefits to the buyer.

In an increasingly popular program, called the EHTrust™ conveyance, one’s property need merely be placed into a specialized revocable inter-vivos trust, whereupon a portion of the trust’s beneficial interest is conveyed to a buyer (instead of selling any of the real estate itself). As an owner of the trust’s beneficiary interest (which is personalty), the PACTrust™ buyer is fully entitled to the same tax write-off that any homeowner would have (re: IRC 163(h)4(D. In addition, the buyer also manages the property and pays for all repairs and maintenance, in exchange for all (or part) of the equity-build-up and appreciation. These benefits are virtually identical to any real estate purchase.

  • What could be better for a buyer than the benefits of home ownership without a new loan, without bank qualifying and without a large (if any) down payment … and an after-tax payment that’s less than rent?
  • What’s better for an “over-the-barrel” seller than avoiding the penalties of short-sale or foreclosure and the negatives of renting or leasing the property out …especially when the buyer even pays some or most (or “all”) of the Realtors commission?