Posted by William L. Exeter on August 20, 2004 at 01:20:22:
There are really two (2) issues here. Has it been done. Yes, absolutely. Does it qualify for 1031 exchange treatment. Yes, absolutely. Does it get around the due on sale clause? No, never. There has been a sale of the property and the conveyance of the property from the seller to the buyer will typically trigger any due on sale clause.