Private Lending & Conventional Mortgage Advice
Market News & Data
General Info
Real Estate Strategies
![](http://bpimg.biggerpockets.com/assets/forums/sponsors/hospitable-deef083b895516ce26951b0ca48cf8f170861d742d4a4cb6cf5d19396b5eaac6.png)
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
![](http://bpimg.biggerpockets.com/assets/forums/sponsors/equity_trust-2bcce80d03411a9e99a3cbcf4201c034562e18a3fc6eecd3fd22ecd5350c3aa5.avif)
![](http://bpimg.biggerpockets.com/assets/forums/sponsors/equity_1031_exchange-96bbcda3f8ad2d724c0ac759709c7e295979badd52e428240d6eaad5c8eff385.avif)
Real Estate Classifieds
Reviews & Feedback
Updated over 5 years ago on . Most recent reply
![Steve Smithy's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/8297/1621348479-avatar-bostonarea.jpg?twic=v1/output=image/cover=128x128&v=2)
1031 replacement property mortgage: conventional or commercial?
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.
Most Popular Reply
![Bill B.'s profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/153435/1717559917-avatar-bbrandt.jpg?twic=v1/output=image/crop=1370x1370@677x42/cover=128x128&v=2)
- Investor
- Las Vegas, NV
- 9,496
- Votes |
- 7,609
- Posts
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.)