Maybe you would like to remain anonymous to any tenants who rent from you.  Maybe you are buying the building from your competitor. Maybe you don’t want any possible future creditors to know about the properties you own.  Regardless of the reason, there are two ways in Indiana that you can purchase real estate anonymously: Land Trust and Attorney-in-Fact.

Land Trusts

Indiana Code (specifically, IC 30-4-2-13) recognizes the land trusts as a valid means of purchasing and holding real estate.  The land trust is one of the only trusts that is considered a “beneficiary-managed” trusts.  Most trusts are managed by the trustee and the beneficiaries have to follow, but in a land trust, the beneficiary is able to control the actions of the trustee. The beneficiary can tell the trustee to purchase, finance, hold, and sell real estate. In a land trust, the trust holds the land, and you can make the beneficiary an LLC to provide limited liability.  The trust only allows you as the beneficiary to be anonymous, but does not provide any liability protection. The anonymity is possible because the only information of public record is the name of the trust and the trustee. The trustee could be anyone, including your attorney (Isaac Carr: 219-230-3600).  The beneficiary may be an LLC, but you can change LLCs as beneficiaries without any recording in public record.

Attorney-in-Fact

An Attorney-in-fact is a person who stands in your place to purchase the real estate.  This person, who may be your attorney (Isaac Carr: 219-230-3600), is able to have such power if you issue a Power of Attorney.  A limited Power of Attorney can provide for this person (called an attorney-in-fact) to have limited power over your company for a single or more transactions of real estate, including the power to indorse promissory notes and checks, as well as execute contracts, purchase agreements, closing statements, etc.  The anonymity becomes more difficult to retain in the event of financing. It is important to note that while the Attorney-in-fact method allows you to purchase the Real Estate anonymously, it does not provide as much long-term anonymity as a land trust.

If you are interested in learning more about how you can purchase commercial real estate anonymously, reach out to Isaac Carr at 219-230-3600 or Isaac@ccsklaw.com

About the author

Author profile

Isaac Isaiah Carr, JD MBA is founder, CEO, and business attorney of CCSK Law, a kingdom-driven law firm. Launched 5 years ago, CCSK Law grew from a single member firm to a 10 person team. His areas of focus include business formation and strategy, contract writing, sales, and corporate finance. Often referred to as an entrepreneur with a law degree, Isaac is able to offer business strategy utilizing creative solutions guided by legal and accounting principles that are then well executed in law. Experience in a variety of industries including real estate, hospitality, automotive, e-commerce, professional services, and healthcare. Successfully negotiated and closed multi-million-dollar transactions, ranging from $1.8M to $10M, with private investors, corporate leaders, and municipalities. Ultimately, he builds sustainable structures for systematic growth. Graduated from Valparaiso University Law School summa cum laude with his Juris Doctorate as well as the AACSB-accredited Valparaiso University School of Business with his Master’s in Business Administration. Passionate about education in all forms, Isaac is involved in the nonprofit organizations of SCORE, Neighbors’ Educational Opportunities (NEO) and New Vistas High School, ValpoNext, and Music Neighbors.

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