Commercial Mortgage Strategies – 1031 Exchange Seasoning of Ownership Limitations

Commercial mortgage lenders will frequently have very specific requirements stipulating that purchase funds must have in a verifiable account for a specific period of time, often 3-6 months or longer (this is called seasoning because it is tantamount to requiring that the funds have matured by being in the same place for a while). Seasoning of ownership for commercial mortgage loans is similar to seasoning of funds, except this requirement involves the minimum time someone has owned a commercial property before they can refinance the property. Most traditional banks require a minimum holding period (usually a year or more) before a commercial mortgage loan can be refinanced. That minimum period is the ownership "seasoning limitation", and if it is one year then it means that a commercial mortgage loan cannot be refinanced for at least a year.

That is not a particularly troubling limitation EXCEPT in the case of refinancing after a 1031 Exchange. In the case of Commercial 1031 Exchange properties, commercial borrowers should benefit from commercial mortgage loans for 1031 Exchange Refinancing without seasoning of ownership limitations , and there are a limited number of sources which do not impose ownership seasoning limitations on refinancing 1031 Exchange Properties.

WHAT IS UNIQUE ABOUT THE 1031 EXCHANGE REFINANCING SCENARIO?

In simplified terms, with a 1031 commercial real estate exchange, owners are required to reinvest their equity in a subsequent qualified purchase. Commercial mortgage borrowers who have properly completed 1031 Exchanges might want to tap into some of their equity shortly after a 1031 Exchange is completed via 1031 refinancing. These borrowers will usually encounter seasoning of ownership limitations from most lenders that will effectively prevent such a refinancing. If a commercial mortgage borrower wants to consider 1031 Exchange refinancing and has recently completed the 1031 Exchange, they should seek out a lender without seasoning requirements or limitations. However, there are many technical issues surrounding a 1031 Exchange and 1031 refinancing that will require commercial borrowers to consult with a qualified 1031 Exchange advisor before proceeding with refinancing of commercial 1031 Exchange properties.

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