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All Forum Posts by: Sheri L.

Sheri L. has started 9 posts and replied 24 times.

Post: Anyone Completed a Reverse 1031 Exchange?

Sheri L.Posted
  • Attorney
  • Santa Monica, CA
  • Posts 25
  • Votes 13
Quote from @Dave Foster:

@Kevin Sobilo, That's a great explanation of the process.  And the problem of course - Conventional lenders repackaging loans for sale on the secondary market will not lend in such a situation.  @Sheri L., you're on the right track. It will need to e a local (very local) bank or private lender. Self-directed IRA money is also a good spot to look. Kevin's right, sometimes it's a conversation with the QI that can make the difference. The lender needs to understand that You, and the subject property (and possibly the relinquished property can be cross collaterized as well) will be guaranteeing the loan. But you will not be a member of the entity on title.

I would worry less about the terms.  They will be higher.  But they will be short term.  And what our clients many times realize is that while the reverse exchange is happening they are getting the income from both the relinquished and replacement properties.  That double dipping generally makes you more than the additional cost of a reverse.

And Kevin, in case it ever comes up, there's an easy answer for your double transfer situation.  When we do reverse exchanges for clients we will almost always transfer the membership of the entity to the exchanger rather than re-deed the property.  this avoids the property transfer tax and any 2nd closing costs.  And is allowable since the IRS views the ownership of a single member/single asset entity as the same as the real estate itself.


Thanks for the helpful info, Dave.  It's good to know what a lender needs to understand in order to get comfortable with a reverse exchange as well as the other mechanics of a reverse exchange.

Post: Anyone Completed a Reverse 1031 Exchange?

Sheri L.Posted
  • Attorney
  • Santa Monica, CA
  • Posts 25
  • Votes 13
Quote from @Russell Brazil:

Ive completed multiple reverse 1031 exchanges.

The lender has nothing to do with a reverse 1031 exchange. That's why they dont know what you're talking about.


Good to know.  Two 1031 intermediaries told us that the lender for the replacement property can be one of the biggest issues in being able to do a reverse 1031.  

It'd be great to get the name of your intermediary because perhaps they know how to navigate it better.  I'll message you.  Thanks. 

Post: Anyone Completed a Reverse 1031 Exchange?

Sheri L.Posted
  • Attorney
  • Santa Monica, CA
  • Posts 25
  • Votes 13
Quote from @Kevin Sobilo:

@Sheri L., I have never done an exchange like that but understand the concept. Why does it matter to the lender that you are eventually doing an exchange?

I would think the debt would be in your name or your entity's name, but that the title would initially go into the name of the entity controlled by the 1031 Intermediary. Then later on when you complete the exchange, the title passes to your own entity.

If the lender needs to understand the details, can't your 1031 Intermediary talk with them or their underwriter directly?

Also, check with your 1031 Intermediary about a reverse exchange. In some states like mine (PA), they will hit you with transfer tax on both stages of the process making it cost prohibitive to do. 

Thanks, Kevin.  

My understanding is that many lenders (including Fannie, Freddie and CMBS) unfortunately won't agree to a reverse 1031 exchange. I believe this is because the loan for the replacement property initially has to be made to the qualified intermediary's entity until the relinquished property is sold (which many lenders don't like even if you give them a personal guaranty). There may be other reasons, as well.

Our 1031 intermediary told us it would be preferable to work with a lender that already has experience with reverse 1031 exchanges.  They suggested we reach out to local banks and credit unions.

But to your point, our intermediary did say they're happy to talk with the underwriter to try to get them comfortable with a reverse 1031.

Post: Anyone Completed a Reverse 1031 Exchange?

Sheri L.Posted
  • Attorney
  • Santa Monica, CA
  • Posts 25
  • Votes 13

I'm looking to buy a mid-size multifamily property (10-30 units) in the Atlanta metro and subsequently sell a single family rental property in Washington, DC.

I like the reverse 1031 exchange option because I wouldn't be under the gun to find the replacement building.

But so far I haven't found any lenders who are familiar with reverse 1031s. I've called local banks and credit unions in the Atlanta MSA.

Has anyone completed a reverse 1031 where you were using financing (as opposed to buying the replacement property all cash)?

Thanks!

Post: Sell DC Rowhouse Now or Continue Holding?

Sheri L.Posted
  • Attorney
  • Santa Monica, CA
  • Posts 25
  • Votes 13

We do think we could raise the rent by at least $200/month, which would help somewhat with cash flow.

Post: Sell DC Rowhouse Now or Continue Holding?

Sheri L.Posted
  • Attorney
  • Santa Monica, CA
  • Posts 25
  • Votes 13

Sounds like a great project, Dan.  Thanks for the info about the market.

The property is zoned MU-3A, but the block is made up of all rowhouses.

Post: Sell DC Rowhouse Now or Continue Holding?

Sheri L.Posted
  • Attorney
  • Santa Monica, CA
  • Posts 25
  • Votes 13

Thanks, Mark and Russell.  It does fall in the area you mentioned, Russell.  

We have well into the six figures tied up in the property, which is part of the reason we've debated whether to sell now given our cash on cash return is very low.  It sounds like the submarket has room to run, though.  
 

Post: Sell DC Rowhouse Now or Continue Holding?

Sheri L.Posted
  • Attorney
  • Santa Monica, CA
  • Posts 25
  • Votes 13

Thanks, Mike.  Good to know.

We renovated the house.  We renovated it to the level of more of a B+ class rental (with 5 bedrooms and 2 bathrooms) as opposed to a complete gut job.

Post: Sell DC Rowhouse Now or Continue Holding?

Sheri L.Posted
  • Attorney
  • Santa Monica, CA
  • Posts 25
  • Votes 13

Hi all,

My husband and I own a rowhouse in NoMa (between H Street NE and Union Market). It's appreciated quite a bit since we bought it in 2017. 

We currently have renters in the property, and we end up cashflowing only a very small amount after all of our expenses are paid.

Our renters' lease is up at the end of March, and we're trying to decide whether to continue to rent the property out or sell it now and redeploy the capital in properties elsewhere that cash flow better.   

We now live in CA, so we don't have a great grasp of the current DC market.  

We'd greatly appreciate any insight into where you think the DC market currently is at and whether it makes sense to continue to hold the property in hopes of further appreciation.

Thank you!

Sheri

Post: The market downturn is here, at least in my market. Anyone else?

Sheri L.Posted
  • Attorney
  • Santa Monica, CA
  • Posts 25
  • Votes 13

The Westside of Los Angeles (Venice, Santa Monica, etc.) definitely is turning.  It started in late summer 2018 and has slowly turned downward more since then.  Listings are sitting on the market longer and many end up selling below list price.  There also has been a dramatic reduction in the number of bidding wars (https://themortgagereports.com/47875/home-bidding-wars-down).  

It's a very high-priced area that may be indicative of where things are heading more broadly.  It's just hard to tell if we are headed for a dramatic downward trajectory or a much more modest correction.