1031 exchange 'subject to' - Posted by Craig S

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.

1031 exchange ‘subject to’ - Posted by Craig S

Posted by Craig S on August 18, 2004 at 15:02:05:

Has anyone been successful performing a 1031 exchange by purchsing another house subject to the existing financing? The 1031 I spoke to said they were uncomfortable with it because of the due on sale issues.