Is it possible to shield or withhold my name from the public land records?

This is a common question from homebuyers and existing homeowners; perhaps more so from the Washington Beltway clientele we serve.

For various reasons of privacy, many folks would prefer to not have their individual names appear in the public land records. For them, their options are limited but here are some of the methods by which individual names can be shielded from public view.

By Revocable Trust

Establishing and vesting title in a revocable trust is probably the most common privacy vehicle. This is because it is the most practical, given that most homebuyers obtain financing, and most lenders are willing to loan to the trust. It also serves as a favorable estate planning tool.

By Limited Liability Company (LLC)

Establishing and vesting title as an LLC also serves to shield the individual names but, generally, because few residential lenders are willing to loan to an LLC, this privacy vehicle is more commonly used by cash or commercial property buyers.

By Realty Trust

Akin to those reasons described for an LLC, a realty trust is more often used by cash and commercial property buyers. Very few residential lenders are willing to loan to a realty trust.

Keep in mind that for any privacy vehicle you may wish to utilize, it is very important to consult legal and/or tax counsel since vesting or transferring to these entities may have burdensome tax consequences. Additionally, its important to seek confirmation of coverage from your homeowners/hazard insurance carrier since certain entities may be excluded from your coverage.

Todd Ewing

Todd Ewing is an entrepreneur and attorney. After receiving his law degree from Drake University, Ewing left his home state of Iowa for opportunity in the Capital Region.He launched Federal Title & Escrow Company in 1996. The company that began on a piece of plywood strewn across a couple of sawhorses in a tiny office in Tenleytown had a unique premise: Give back to homebuyers what other title companies kick back to their referral sources.The innovative REALCredit™ distinguished Federal Title from its competitors and helped move Federal Title to the top echelon of independent title companies in the United States.A perennial trail blazer, over the years Ewing has also introduced one of the title industry’s first paperless closing workflows and a mobile app known as Close It! that was first to pinpoint for buyers, sellers and agents exactly how much cash would traverse the closing table during settlement.Ewing is an active outdoorsman who enjoys golf as well as hunting and fishing.

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