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Avoiding Legal Pitfalls in Subject-To Land Trust Deals

By Joseph E. Seagle, Esq.

The real estate investment world was rocked by a recent lawsuit filed by the State of Arizona against a group of investors, title companies, and law firms involved in fraudulent subject-to transactions. This case exposes the risks of improper structuring and highlights the importance of doing subject-to deals correctly.

🚨 Florida investors who use land trusts for subject-to transactions should take this as a wake-up call!

What Happened in the Arizona Case?

In State of Arizona v. Cameron Jones et al, the Arizona Attorney General accused multiple investors of engaging in deceptive subject-to transactions. The lawsuit highlighted several fraudulent practices:

  • Failure to Disclose Material Terms – Homeowners were misled into believing they were fully removed from their mortgage obligations.
  • Fraudulent Use of Subject-To Agreements – Lenders were not notified of title transfers, leading to due-on-sale clause violations.
  • Abuse of Nominee Trustees & Alter Ego Entities – Trusts and LLCs were misused to obscure real ownership.
  • Unlawful Evictions & Litigation – Homeowners were evicted or pressured into sales under false pretenses.
  • Title Companies Ignored Red Flags – Transactions were closed despite potential mortgage violations.

Lessons for Florida Investors Using Land Trusts

Florida law allows subject-to transactions when structured correctly. Here’s how to do it the right way:

✅ Best Practices for Subject-To Deals in Florida

  • Use a properly drafted land trust agreement to protect both parties.
  • Provide full disclosure to homeowners that their names remain on the mortgage.
  • Notify the lender to reduce risks of fraud allegations and due-on-sale issues.
  • Ensure the seller has legal protections through conditional assignments of beneficial interest.
  • Work only with ethical title companies that understand land trust transactions.
  • Avoid leaseback agreements that could be seen as predatory or deceptive.
  • Stay away from FHA, USDA, or VA loans, as they prohibit subject-to transfers.

🚩 Practices That Could Lead to Legal Trouble

  • Using a land trust to hide ownership rather than for legitimate asset protection.
  • Violating the due-on-sale clause without a backup plan to refinance.
  • Filing fraudulent affidavits or clouding title records with misleading documents.
  • Predatory tactics against distressed homeowners, which can result in consumer protection lawsuits.
The Arizona case proves why ethical, well-structured subject-to deals are essential for protecting your investments.

Final Thoughts: Doing Subject-To Deals the Right Way

Subject-to investing is 100% legal in Florida—when done properly. The Arizona lawsuit should serve as a warning for investors who cut corners.

Protect yourself by ensuring full transparency, working with compliant professionals, and always putting agreements in writing. If you follow ethical practices, subject-to transactions using land trusts can be a powerful tool for real estate investing.

💡 Additional Tips for Ethical Subject-To Investors:

  • Avoid buying properties subject-to when foreclosure has already been filed.
  • Use a title agency for closing instead of handling deeds privately.
  • Ensure all agreements, including memoranda, are notarized before recording.
  • Document the property condition, renovation costs, and receipts for future protection.
  • Never file bankruptcy or probate on behalf of a seller without consent.
  • Notify lenders of ownership transfers to maintain legal compliance.
📞 Need help structuring your subject-to deal? Book a consultation today!