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Updated almost 6 years ago on . Most recent reply

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Steve Smithy
  • Boston, MA
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149
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1031 replacement property mortgage: conventional or commercial?

Steve Smithy
  • Boston, MA
Posted

Do I need to use a commercial mortgage/note to buy a replacement property on a 1031 exchange?

I sold a property, used a 1031 qualified intermediary to hold the funds, and now I want to buy the replacement property. I currently have no mortgages, and was thinking it would be nice to use a conventional mortgage to buy the property as they are typically lower interest. I have no problem putting the property or mortgage in my name instead of a LLC or corporation, is there a way to use a regular 30yr conventional mortgage when I buy the replacement? The 1031 rules don't say anything about the mortgage being commercial, only that it be like-kind and greater than the one it replaces, and that all the cash must go into the replacement property.

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Bill B.#3 1031 Exchanges Contributor
  • Investor
  • Las Vegas, NV
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Bill B.#3 1031 Exchanges Contributor
  • Investor
  • Las Vegas, NV
Replied

That’s a @Dave Foster type question. 

I BELIEVE if you file your taxes jointly you can add her name. If you don’t have to add her name to get the new mortgage I BELIEVE  you could do the swap in just your name and add her later. (Unless you live In a community property state in which case she gets half anyway and there may be no need to add her.)

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