Yes, provided you don't commit perjury to maintain your secrecy. A more aggressive plan will reduce your visibility as the legal owner of the lending corporation, partnership or LLC. As a minority or invisible owner of the entity holding the mortgage, you wouldn't 'control' the corporation or LLC. Alternate arrangements are possible. For example, a decontrolled international corporation (an International Business Corporation, IBC) or LLC might encumber U.S. property. You want to structure the international entity to legally minimize the federal tax reporting requirements and the special anti-deferral tax rules that apply to international corporations, trusts and partnerships. You can also have several levels of customized international trusts, corporations, LLCs, private foundations or other entities to layer privacy and anonymity. However, don't use these techniques for tax avoidance. Get advice from a tax advisor familiar with the international reporting requirements.
International entities are frequently 'shell' IBCs or LLCs with neither shareholders nor capital. Only through intensive investigation can a creditor distinguish a shell entity from an operating entity. But even an international shell entity can provide reasonably good secrecy when used to encumber U.S. property. The success of this arrangement ultimately lies in the absolute privacy available from international financial centers, which deny plaintiffs' attorneys access to their records. A complex multiple layer international entity strategy completely severs relationships between your domestic LLC, as the U.S. property owner, and the international IBC or LLC holding liens against the property.
