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Can I 1031 Exchange Into a Promissory Note?

Frank Festa NJ Estates Real Estate Group: Real Estate Agent in Warren, NJ

Buying Distressed Notes

I overheard a conversation recently while circulating at a commercial real estate networking event in Los Angeles. The person speaking said they were buying distressed loans (promissory notes) at significant discounts from commercial banks. The loans were already in foreclosure, and the person speaking (buyer) wanted to buy the notes now so that they would end up with the actual real estate by completing the foreclosure.

NJEstates.net

Buying Notes Through a 1031 Exchange

She indicated that she would like to sell certain real estate that she already owns through a 1031 exchange, and then acquire the promissory notes from the commercial bank as her like-kind replacement property to complete her 1031 tax deferred exchange transaction.

She indicated that she had asked a couple of 1031 exchange Qualified Intermediaries about doing just this but that the two Qualified Intermediaries said that the transaction would not qualify for 1031 exchange treatment because the installment notes were personal property and not real estate.

Expertise and Experience Counts Here

The answer that she received appears to be correct on the surface. She wants to sell real estate, so it stands to reason that she must acquire real estate in order to qualify for tax deferred exchange treatment under Section 1031.

However, there actually is a way to structure the transaction so that it will qualify as a 1031 tax deferred exchange. The concept is relatively easy and straight forward. The strategy combines the concepts of the Reverse 1031 Exchange parking structure and the Build-To-Suit 1031 Exchange improvement strategy.

Reverse 1031 Exchange Parking Structure

She could implement the Reverse 1031 Exchange parking structure under Revenue Procedure 2000-37 where the note would be acquired and "parked" by the Exchange Accommodation Titleholder (EAT) as her intended like-kind replacement property.

The note is absolutely personal property as the two 1031 exchange Qualified Intermediaries pointed out to her when asked if it could be done. It is clearly not real estate, yet.

Build-To-Suit 1031 Exchange Improvement Strategy

Real estate is often acquired and parked by an Exchange Accommodation Titleholder in order to improve the property. The real estate is then transferred to the taxpayer to complete his or her 1031 tax deferred exchange once the improvements have been completed. This is referred to as an Improvement 1031 Exchange or a Build-To-Suit 1031 Exchange or a Construction 1031 Exchange.

The same concept can be used for her proposed 1031 tax deferred exchange. The note would be acquired and parked by the EAT. The EAT would "improve" the property by completing the foreclosure. The EAT would end up with the actual real estate upon completion of the Trustee's Sale. The real estate can then be transferred to her to complete her 1031 exchange.

You really can acquire a Promissory Note as part of your 1031 tax deferred exchange transaction as long as the like-kind replacement property is actually a real property interest when it is received by the taxpayer completing the 1031 exchange.

This article was written by a contributor to the book Be a Real Estate Heavyweight. For more information on the book, be sure to check out www.RealEstateHeavyweight.com.

Paul Stillwaggon,
For All Your Real Estate Needs
Contact New Jersey Estates
Real Estate Group

E-mail: njestates@gmail.com
Web: http://www.newjerseyestates.net
908-561-5492 (Paul S) 908-310-1358 (Cell)

NJ Estates Real Estate Group
Weichert Realtors

908-561-5492
55 Stirling Road, Watchung, N.J. 07069


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This is a follow-up to my previous post.

Frank Festa NJ Estates Real Estate Group: Real Estate Agent in Warren, NJ

In "Salary Survey for Job: Real Estate Agent (United States)" is Salary and Commission used interchangeably?

See, "Salary Survey for People with Jobs in Real Estate / Realtors / Property (United States)"

http://www.payscale.com/research/US/People_with_Jobs_in_Real_Estate_%2F_Realtors_%2F_Property/Salary

Are any Agents receiving Wages and Benefits? To the best of my knowledge, all Agents in my office are on 100% commission.

Paul Stillwaggon,
For All Your Real Estate Needs
Contact New Jersey Estates
Real Estate Group

E-mail: njestates@gmail.com
Web: http://www.newjerseyestates.net
908-561-5492 (Paul S) 908-310-1358 (Cell)

NJ Estates Real Estate Group
Weichert Realtors

908-561-5492
55 Stirling Road, Watchung, N.J. 07069


Equal Housing Opportunity

Current Listings Info
Luxury New Homes
Custom Build A New Home
Land & Building Lots
New Jersey Estates
All New Jersey Homes
Real Estate Listings Blogs
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State & County QuickFacts

Frank Festa NJ Estates Real Estate Group: Real Estate Agent in Warren, NJ

Have you ever needed facts but couldn't put your hands on them?

NJEstates.net

Have a look at this site:

http://quickfacts.census.gov/qfd/states/34000lk.html

I found it to be very user friendly. Also, if you are in need of this type of information for another State simply click on the "Select a States" and the information for States and Counties will be readily accessible.

Paul Stillwaggon,
For All Your Real Estate Needs
Contact New Jersey Estates
Real Estate Group

E-mail: njestates@gmail.com
Web: http://www.newjerseyestates.net
908-561-5492 (Paul S) 908-310-1358 (Cell)

NJ Estates Real Estate Group
Weichert Realtors

908-561-5492
55 Stirling Road, Watchung, N.J. 07069


Equal Housing Opportunity

Current Listings Info
Luxury New Homes
Custom Build A New Home
Land & Building Lots
New Jersey Estates
All New Jersey Homes
Real Estate Listings Blogs
Real Estate Info Blogs
Open Houses & Directions
Our Testimonial Letters
Going Green/ Complete Info

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Real Estate Outlook: Mixed Signals

Frank Festa NJ Estates Real Estate Group: Real Estate Agent in Warren, NJ

Where are the economy and real estate headed in the coming months? Well, we've got some mixed signals this week, but the overall trend looks encouraging.

NJ Estates
Real Estate Group


Paul Stillwaggon
October 2009
Go
LINKING THE LATEST TECHNOLOGY
TO OLD FASHIONED SERVICE

Copyright © 2009 Realty Times
All Rights Reserved.

Probably the most upbeat crystal ball reading of all comes from the country's top group of forecasters, the National Association of Business Economists, which has a great track record in calling trends and market turns. After its latest survey of members released last week, the association said the following: "The good news is that the deep and long recession appears to be over, and with improving credit markets, the U.S. economy can return to solid growth next year without worrying about inflation."

The consensus forecast from the business economists is for the Gross Domestic Product, GDP, that's the main measure of the economy's output and activity -- to grow by 2.9 percent, and for new housing starts to jump by an impressive 38 percent.

That is good news because home resales tend to be closely tied in with GDP: If the overall economy is flush and growing, that supports higher home purchases and sales.

The big negative at the moment, of course, is jobs. We may be pulling out of recession, but we're not yet growing new jobs in large numbers. An unemployment rate stuck near 10 percent is a big factor holding back the pace of the housing recovery.

But, on the other hand, there are important bright spots in housing: For example, home prices continue to bounce back in major metropolitan markets, according to the latest data from the IAS 360 survey, which is based on information from 15,000 neighborhood areas.

In metropolitan Boston, prices rose 1.1 percent year over year in the latest study. New York metro prices were up 1.3 percent. Fairfield County, Connecticut, a New York bedroom suburb, saw prices up by 5.1 percent. Warren County, New Jersey, another New York suburb, was up 7.4 percent.

San Diego prices were also up for the year - by 1.3 percent.

Of course, some other large cities saw the opposite: Las Vegas lost another 2 percent for the 12 months, Los Angeles was down 1 percent and Miami - which is still struggling with unsold condos by the thousands, lost nearly 2 percent.

Without question, though, the biggest positive for housing right now continues to be the bargain-basement interest rates available for mortgage money. Fixed 30 year rates averaged 5 percent last week, and 15 year rates came in at 4.4 percent.

That's about as good as it gets.


Written by Kenneth R. Harney
October 20, 2009


Linking the latest technology to old fashion service. Our realtor's commitment, pride and extensive specialized knowledge has earned us a strong position in the market and we invite you to call NJ Estates Real Estate Group when buying or selling a home, @ (908) 561-5492. -- Contact Us


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Paul Stillwaggon,
For All Your Real Estate Needs
Contact New Jersey Estates
Real Estate Group

E-mail: njestates@gmail.com
Web: http://www.newjerseyestates.net
908-561-5492 (Paul S) 908-310-1358 (Cell)

NJ Estates Real Estate Group
Weichert Realtors

908-561-5492
55 Stirling Road, Watchung, N.J. 07069


Equal Housing Opportunity

Investor Report: Corporate Housing

Frank Festa NJ Estates Real Estate Group: Real Estate Agent in Warren, NJ

The good news about this real estate segment: Corporate housing rentals are more than holding their own in tough economic times, and they often yield more revenue for investors than conventional rentals.

NJ Estates
Real Estate Group


Paul Stillwaggon
October 2009
Go
LINKING THE LATEST TECHNOLOGY
TO OLD FASHIONED SERVICE

Copyright © 2009 Realty Times
All Rights Reserved.

Here's an interesting profit niche for rental property owners that doesn't get a lot of media attention: Corporate housing.

That means you target your furnished rental unit not at long-term tenants, but at people who've been transferred for short to medium-term assignments by their companies, or who have moved themselves to a new work location, and want to take a few months to get their bearings.

Or maybe they just need a place to stay while they're waiting for their house to sell ... or get remodeled.

The good news about this real estate segment: Corporate housing rentals are more than holding their own in tough economic times, and they often yield more revenue for investors than conventional rentals.

According to the industry's trade group, corporate housing rentals had an average occupancy rate of 88.5 percent last year, while standard lodging and hotels were lucky to break 70 percent in many locations.

The best-known forms of corporate housing are the extended-stay units run by national companies such as Oakwood or Equity Corporate Housing.

But there are also plenty of opportunities for individual investors -- people with one to ten units who want to maximize income while also keeping a close management eye on their property.

For do-it-yourselfers, the biggest marketing resource in the field is the online CorporateHousingByOwner.com, which has more than 20,000 registered users -- primarily executive relocation directors, plus employees and others who travel frequently -- and 4,000-plus rental listings.

The Colorado-based company takes no commissions, just an up-front annual listing fee of $329, with discounts for "power owners" who list multiple units.

Unit owners have total control over lengths of stay, pricing, and availability of their properties. They supply photos and property descriptions for the website listings. They also handle all reservations, tenant screening and management issues, and pocket all the rental income.

Kimberly Smith, the company's CEO, told Realty Times in an interview last week that her marketing platform has opened the door to much higher returns for some individual investors - thirty to fifty percent higher annual revenues per unit than they'd been getting with conventional rentals.

Listings tend to be apartments, townhouses or detached homes in or near major employment centers, but there are also some properties that are a little different - such as a 10,000 square foot mansion in Southhampton, Long Island, with 10 bedrooms, 12 baths, pool and estate-type acreage.

Just in case you're interested: the place rents for $4,000 a night, eighteen to twenty-five thousand a week. Or a flat 350 grand if you want it for the whole year.


Written by Kenneth R. Harney
October 9, 2009


Linking the latest technology to old fashion service. Our realtor's commitment, pride and extensive specialized knowledge has earned us a strong position in the market and we invite you to call NJ Estates Real Estate Group when buying or selling a home, @ (908) 561-5492. -- Contact Us


- Back -




Paul Stillwaggon,
For All Your Real Estate Needs
Contact New Jersey Estates
Real Estate Group

E-mail: njestates@gmail.com
Web: http://www.newjerseyestates.net
908-561-5492 (Paul S) 908-310-1358 (Cell)

NJ Estates Real Estate Group
Weichert Realtors

908-561-5492
55 Stirling Road, Watchung, N.J. 07069


Equal Housing Opportunity

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Luxury New Homes
Custom Build A New Home
Land & Building Lots
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