You can put all of the money into the new deal and/or you can take a kickback of the remaining funds. 3 - I am not quite following your capital gains question but in general all of the proceeds from the sale should go to the purchase of the exchange property otherwise you may have a tax event. 4 - Is this a living in flip? 

This seller was not interested in doing the repairs and I was not willing to proceed paying cash and having to deal with a problem that would ultimately cost me 15-20K to fix at some point down the road if I ever wanted to sell.Now, the seller is refusing to release my EMD.

So I'm new to REI. I have a relative who I overheard talking about a prior employees mother whose house was filled to the rafters with junk and the didn't live there anymore. I drove by the house and there is trash on...

You fill in the blanks, email to borrower, borrowers signs, in front of notary for mortgage, notary not necessary for note, borrower overnight mails originals to title, title records mortgage after your funds arrive at title, title distributes net proceeds to borrower and whatever if any proceeds to lender. 

If not I suggest you do so before proceeding people are always selling lots in California City because for the most part it costs more to build than the house will be worth, if you want to live out there maybe, but for an investment I'd look elsewhere.

Or  you're worried about two vacancies and loan payments and house repairs rather than one.In your case one strategy that might be beneficial is to allocate your proceeds so that your first purchase in the 1031 is a cash purchase or with the least amount of leverage possible. 

In this situation the judge will require the harassment claim be closed before the eviction proceeding can continue. 

The title insurance would be paid out of the proceeds you wire to title or to your closing attorney.

The proceeds will be used to purchase the next home, and so forth.

Meaning:Can you physically work on the property - NoCan you pick paint colors and finishes - Yes (you must pay a non-disqualified person to physically do the work)Can you stay over night at the property - No (any disqualified persons can not stay at the property) Can you rent the property to a non-disqualified person - Yes (all proceeds go back into the IRA including rental income)Those are just some of the basics, if you have any additional questions I would be happy to connect and answer all of your questions.