Beneficial Interest = Personal Property

When one signs a Deed of Trust upon buying a house/land, one essentially assigns his/her beneficial interest in the real estate to the lender. Beneficial interest in real estate is considered personal property, not real estate or real property.

“Chapter 44A.

Statutory Liens and Charges.

Article 1.

Possessory Liens on Personal Property.

§ 44A-1. Definitions.

As used in this Article:

(1) “Legal possessor” means

a. Any person entrusted with possession of personal property by an owner thereof, or

b. Any person in possession of personal property and entitled thereto by operation of law.”

Keep in mind that the definition of “property” is “Anything that is capable of being owned”.

It’s easy to find articles describing a beneficial interest as real property– here is one example I found in a brief search.

http://www.ccim.com/cire-magazine/articles/protect-your-assets-land-trust

“(3) “Owner” means

a. Any person having legal title to the property, or

b. A lessee of the person having legal title, or

c. A debtor entrusted with possession of the property by a secured party, or

d. A secured party entitled to possession, or

e. Any person entrusted with possession of the property by his employer or principal who is an owner under any of the above.”

You are “a” above when you buy a house. You retain legal title. The rest is also interesting in terms of using a UCC financing statement to gain status of “secured party”.

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