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Can I Refinance My 1031 Property?

It may be possible to refinance a 1031 property – but there are several important
considerations and trade-offs that we will cover in this blog post.

Based on our 17+ year history at First Guardian managing many properties on behalf of many investors, we have seen that the use of debt can be both a blessing and curse. Like adding seasoning to a nice meal, the right amount can be good – and too much can not only ruin the meal – but be downright unhealthy.

The Downsides of Debt

The biggest fear in considering using any debt is that, if your property fails to produce sufficient income to cover debt service and you lack reserves to cover mortgage obligations, the lender can take your property from you leaving you with not only a loss of your original investment – but possibly further obligations to repay the debt. This situation can lead to a forced liquidation of your other assets or even bankruptcy to protect your remaining assets.

Debt is inherently risky because payments must be made regardless of whether your asset
continues to produce income or not. What happens if, for example, you lose a tenant and no longer have sufficient income to pay the mortgage? That does not matter to the lender. To avoid a loan default, you may need draw funds from other sources until you are able to re-tenant your property and restore your income.

If you have debt on your investment property, it is prudent to maintain a large enough cash reserve that would allow you to continue to make mortgage payments and pay expenses until you can restore adequate occupancy. Many of our clients who own single family rentals tend to set aside reserves to cover about 6 months of total principal, interest, taxes, and insurance payments sitting in cash. Larger multi-tenant properties such as apartments may be OK with fewer months of reserves if it can be assumed that the loss of some tenants may not impact the property’s overall ability to cover expenses.

Debt can also be especially risky when you have a large lump sum payment (balloon payment) due at the end of the loan term. During the 2008-2010 financial crisis we saw that some real estate investors were unable pay off their balloon debts and experienced financial hardships.

The Benefits of Debt

The prudent use of debt can provide several important potential benefits:

- Ability to purchase higher valued real estate assets which may provide greater income
and appreciation relative to assets with no debt.

- The ability to deduct depreciation and interest expenses may result in greater after-tax
income even after payment of debt service.

- Today’s historically low interest rates can increase the potential benefits of using debt.
Guidelines for Using Debt

Here are guidelines that we and many of our clients use when considering the use of debt in their real estate investments.

1. Stable predictable assets: Limit borrowing only to those assets that are likely to continue to produce sufficient income to cover debt service plus expenses.

2. Reserves: Set aside sufficient reserves to cover reasonably anticipated shortfalls in
income.

3. Fixed payments: Obtain longer term loans having debt service payments that do not
fluctuate over time. Avoid Adjustable Rate Mortgages (ARM) whose payments may
increase during inflationary periods.

4. Avoid personal guarantees: If possible, seek loans that are guaranteed solely by the
property and not personally by you. This may be difficult for smaller residential
properties e.g., single family rentals – but may be an option on larger commercial and
multifamily properties.

5. Minimize debt: Going back to my analogy of thinking of debt like seasoning on a meal,
don’t overdo it. Even if lenders are willing to give you a large loan e.g., 70% to 80% of
your property value – be conservative and limit your indebtedness to be well within
your risk tolerance and your property’s ability to generate steady income to cover the
mortgage payments and other expenses.

6. Friendly lenders: Use well known lenders who have a track record of offering flexibility if
unexpected events occur. Start with lenders that you may be working with now and
consider even paying a higher rate of interest to obtain a new loan with a lender that is
more likely to work with you rather than against you. Be cautious in using private money lenders or lenders who cannot provide solid references from other clients.

It is OK if you can’t achieve 100% of these rules for each investment. But being aware of these guidelines will provide a good framework for knowing when you are compromising so you can compensate through reducing risk in other areas and still achieve an acceptable overall balance.

For more information feel free to schedule some time on my calendar to talk! 

Paul Getty

Paul M. Getty is one of the most experienced 1031 exchange specialists in the United States, with a career in real estate that spans over 35 years and more than $5 billion in commercial transactions across every major asset class. His work covers single-family rentals, apartments, retail, office, multifamily, and student and senior housing, giving him a practical understanding of how different property types perform across market cycles and how investors can move between them using tax-deferred exchange strategies. As President and CEO of FGG1031 | First Guardian Group, Paul advises investors through the full 1031 exchange process, from identifying qualifying replacement properties to structuring acquisitions through Delaware Statutory Trusts (DSTs) and wholly owned real estate. His guidance covers both the compliance requirements of a valid exchange and the investment decisions that determine long-term portfolio outcomes – a combination that is difficult to find in a single advisor. Paul holds a California and Texas real estate broker license and carries Series 22, 62, 63, and 82 securities licenses as a registered representative with Emerson Equity LLC, member FINRA /SIPC. He has represented buyers and sellers across complex commercial transactions, sourced and structured debt and equity, and worked alongside nationally recognized firms including Marcus Millichap, CBRE, JP Morgan, and Morgan Stanley. Before founding FGG1031, he co-founded Venture Navigation, a boutique investment banking firm whose M&A and IPO activity generated over $700 million in investor returns. Paul holds an MBA in Finance from the University of Michigan and a bachelor’s degree in chemistry from Wayne State University. He has also completed coursework in artificial intelligence at Stanford University. He is the author of four books on real estate investing and tax deferral strategy, including Tax Deferral Strategies Utilizing the Delaware Statutory Trust (DST) and Real Estate Investing in the New Era, both available on Amazon. A frequent speaker on 1031 exchanges, DST investing, and real estate tax strategy, Paul Getty is a recognized voice for investors and advisors seeking guidance on capital preservation through tax-deferred real estate investment.

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