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Updated almost 16 years ago on .
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1031 exchange on a down-leg, sold note
Before I get into the meat of my question, I just want to say that I saw a post elsewhere (http://activerain.com/blogsview/459350/Ive-Sold-and-Carried-Paper-Can-I-Still-Close-My-1031-Exchange) that shows the caliber of talent we have here on BP. :rock: The irony was that I just finished reading though 6 or so posts where Bill Exeter gave some great advice--only to have confirmed from another independent source that he knows his stuff cold. :cool:
Although Bill's advice (given indirectly) in that post answered my original question, I'd like to expound further upon his answer here.
I'm not sure I fully understand what is meant in statement (2) of the answer: "Then they would get the note assigned back to them AFTER the 1031 exchange has been completed". Is the up-leg buyer or is the end-seller the assignee? The "assigned back" seems to infer that the up-leg buyer is the assignee, but maybe I'm missing someting, because that doesn't appear to make much sense.
Additionally, I'd like a clarification on part of statement (3) of the answer: "It's important to remember to have the exchange company listed as the beneficiary on the note." Why does the exchange company need to be listed as the beneficiary on the note? I thought the beneficiary would be the note buyer. Am I missing something?
The reason why I'm asking these questions is that I'm actually working on a deal where I intend to use these transactions as part of my exit strategy.