When you look at a real estate register copy for a real estate sale or lease contract, you can often see that the owner is not an individual or a general corporation, but a trust company. The real estate owner being a trust company is called a trust registration, and it may seem somewhat unfamiliar to the general public, so I would like to learn about real estate trusts.
When ordinary people deposit their money in a bank, the bank invests it here and there regardless of the depositor's intention and returns some of the profits to the depositor. Just like that, a real estate trust is a system in which the real estate owner entrusts real estate, not cash, to a trust company, and the company operates and utilizes it in various ways to generate profits. Then, the profits are returned to the beneficiaries, and the company receives a certain portion of the fees. The individual or corporation that entrusts the real estate to the trust company, that is, the real estate owner, is called the "entrustor," the company that receives the trust is called the "trustee," and the individual or corporation that receives the profits from the trusted real estate is called the "beneficiary." The unique point of trust registration is that the legal ownership is transferred from the real estate owner to the trust company, and by registering this in the real estate registry to notify it, the legal owner status is secured and the effect is gained that can be asserted against third parties.
There are four types of real estate trusts. The first is a management trust, where the real estate owner transfers ownership to a trust company, and the trust company, as the owner, is responsible for leasing, taxes, building management, etc. The profits generated here are paid to the beneficiaries, and the trust company takes a certain portion of the profits as commissions.
Second, a collateral trust is a structure that is often seen when receiving a loan using real estate as collateral. It is a structure that allows for receiving a larger loan through a collateral trust than when proceeding with a loan in the name of an individual owner, and also provides an advantage in terms of loan interest rates.
Third, a development trust is a method utilized when a real estate owner wants to develop real estate without expertise or development funds. The trust company develops the real estate under the trust company's responsibility through close consultation with the real estate owner.
Fourth, a disposal trust is utilized when it is difficult for a real estate owner to resolve various complex issues that arise when disposing of the real estate on his or her own. It is a trust form in which a trust company handles consultations, price negotiations, legal issues, etc. necessary for a contract as the real estate owner.
So, let's find out what you need to check in order to make a purchase or lease contract for real estate that has been registered as a trust.
First, since the real estate registration copy only confirms that the owner is registered as a trust company, the trust ledger must be additionally checked. The trust ledger can be inspected by visiting the registration office in charge of the real estate location, and the terms and scope of the trust must be confirmed through inspection.
Second, since the trust registration transfers legal ownership to the trust company, the current legal owner is the trust company, so even if you are the actual owner (“trustor”), you must not enter into a sales or lease agreement excluding the trust company.
Third, in the case of a contract for the sale or lease of a real estate in trust, the deposit, down payment, balance, etc. must be remitted to an account under the name of the trust company. Usually, the buyer or lessee first negotiates the purchase price, lease terms, etc. with the actual owner of the real estate in trust (“entrustor”) and then enters into a contract. However, if a legally binding transaction contract is to be entered into, the contract must be entered into in the presence of the actual owner of the real estate (“entrustor”) and the trust company (“trustee”).
All parties to a real estate transaction must, even if it is cumbersome, collect and check all public documents and related materials that affect the transaction one by one, and it is recommended that they receive assistance from real estate experts when concluding a contract.