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1031 Exchange: Like Kind Property

By | September 19th, 2008|

When you do a 1031 exchange to defer taxes you have to choose replacement property that's similar or "like kind." The "like kind" property may not only be real estate but also timber, air, oil or gas rights. The tax payer must exchange like for like however. Learn more about "like kind" property and its role in a 1031 exchange.

1031 Exchange: 180 Day Rule

By | September 19th, 2008|

When doing a 1031 exchange, how long do you have to acquire your replacement property? 180 days. But you have to pay attention to when you pay your taxes and if you want the full 180 days, time your acquisition accordingly. Learn about the 180 day rule for 1031 tax exchanges and how that time is calculated.

1031 Exchange: What Is a Capital Gain?

By | September 19th, 2008|

When you're doing a 1031 tax exchange, you need to know what a capital gain is. A capital gain is a profit on a capital asset. Capital gains tax is 15 percent on real estate. But if you're doing a 1031 exchange with another type of investment you'll likely pay your ordinary income tax rate on the capital gain.

1031 Exchange: 3 Rules For Property

By | September 19th, 2008|

When you're doing a 1031 tax exchange you need to follow three rules for identifying property. The three property rule allows you to consider three replacement properties without taking their fair market value into account. If you're looking at more than three properties for a 1031 exchange, you may be subject to the 200 percent rule or the 95 percent rule. Learn what these 1031 exchange rules are.

Second Mortgage Lender May Cause Short Sale To Fail

By | September 19th, 2008|

When you're selling a home and you have two mortgages, you have to work with both mortgage lenders. Your mortgage lenders are among the parties who negotiate a short sale. If one of the lenders who negotiates the short sale does not agree, the short sale may not occur. Second lien holders such as PMI companies or HELOC lenders want to recoup some of their money and may scuttle a short sale if they're not included.

Lien Stalls Real Estate Contract

By | September 19th, 2008|

A husband says his wife has a pending sales contract her home and her ex-husband's divorce attorney has placed a lien on the home for attorney's fees. The husband wants to know how to deal with the lien, which is a claim to the property. The best be would be talking to the couple's real estate attorney.

Seller Offering Home To Buyer Affects Commission

By | September 19th, 2008|

Most of the time, when you're selling your home, the buyer will come to you with an offer. In some cases, the seller proposes an offer to the buyer. Why would a seller offer his home to a buyer? How does a seller offering a home to a buyer affect a real estate agent's commission?

Does Seller Disclosure Include Rotten Neighbors?

By | September 19th, 2008|

When you buy a home, what does the seller have to tell you as part of seller disclosure? Does seller disclosure include rotten neighbors who are noisy and disruptive? Does a buyer in such a situation have recourse? You should contact a real estate attorney to understand seller disclosure laws for your area.

Rental Property Foreclosure Forces Tenant Eviction

By | September 19th, 2008|

If you are renting a soon-to-be foreclosed property, will you be evicted? What happens if you pay your rent, but your landlord did not make the mortgage payments and the property entered foreclosure. What does the eviction process look like for a renter of a foreclosed property? Ilyce offers advice about the foreclosure eviction process.

Quit Claim Deed Transfers Real Estate Back Taxes?

By | September 19th, 2008|

A father transferred his home to his children using a quit claim deed, but he stopped paying the taxes. Now his children have been notified they're behind on real estate taxes and could lose the property. One child wants to sign a quit claim deed to transfer ownership back to the father. If they do sign the quit claim deed, will this shift responsibility for the real estate taxes?

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