no mortgages wanted? there are people in this world who want nothing
to do with mortgages, either as borrowers or as lenders. maybe they once got
burned as a mortgagor or mortgage. or maybe they cling to the old puritan belief
in staying out of debt, as well as to the Shakespearean advice: "Neither a
borrower nor a lender be."
A broker friend of mine once met one of these people. The broker's client
owned land worth $240,000 which he wanted to trade for a small industrial
building. a $180,000 mortgage was owed against the land, so the client had a
$60,000 equity to work with.
Another broker in the same town knew a woman who owned an industrial building
free and clear. She was looking for a chance to trade it for land. And she
happened to want exactly the kind of land my broker friend's client owned.
Moreover, the value of the industrial building was virtually identical with the
value of the land - making a trade seem all the more feasible. All that was
needed to equalize the equities was for the landowner to give the woman a
$180,000 purchase-money first mortgage for the difference.
But the woman wouldn't accept a mortgage as part of the trade. Nor would she
assume responsibility for the existing mortgage on the land. Unless she could
have the land free and clear, she didn't want it.
The landowner couldn't come close to raising $180,000 to pay off the land
mortgage before the trade. But a little imagination and resourcefulness paid
off. My broker friend and I went to see the man who held the mortgage on the
land. We found, as I suspected, that he was delighted to exchange his mortgage
for what he regarded as a much more secure similar mortgage on the industrial
property. So the woman got her land free and clear - with no payments or
collections to be made on mortgages of any kind - and my friend's client got the
industrial building on which he continued to make payments to the same creditor
as before.
Boot can be a troublesome question when you're trying to arrange a
tax-free exchange. since boot is taxable to the extent of any gain being
realized, the party receiving it may want to back out. Often there is no way to
eliminate boot or reduce it to an acceptable level. But sometimes what appears
to be impossible can be done.
Suppose, for instance, you've been investing in residential property for some
years, and now include among your holdings a free and clear apartment building
worth $275,000. But the properties are getting burdensome because they make you
spend too much time on managerial details. So you'd like to trade the apartment
house for some other income-producing property that will be simpler to manage.
You tell your broker this, and he starts searching.
He finds a Mr. Steel, owner of a small industrial building, who would like to
trade for an apartment house of the type you're offering. Everything seems to
fit perfectly. Mr. Steel's building is leased to a strong national company for
the next twenty years. You can just sit back and watch the cash roll in without
any bothersome detail work. Its fair market value, based on the income it
produces, is $425,000. Mr. Steel owes $150,000 on the mortgage against it, so
his equity is $175,000 - exactly the same as your equity in the apartment house.
What could be sweeter?
You and Steel inspect each other's property. You both like what you see. You
agree in principle to the proposed exchange.
But then Mr. Steel's accountant points out that he'll make a profit on the
exchange, and that $150,000 (the value of the mortgage you'll be taking over)
will be taxable as long-term gain. Mr. Steel is shocked. He's already in such a
high tax bracket that the exchange would cost him $42,000 in taxes to Uncle Sam,
and several thousand more to the state.
He tells you its all off. He just can't afford to pay out that much money in
taxes. It would more than offset any advantage he expected to get from the
exchange.
So you and your broker grope for some way to eliminate or drastically reduce
the mortgage-relief boot.
Should you take out a $150,000 mortgage loan on the apartment house, to
equalize mortgage debt and eliminate boot? No, because this would reduce your
equity in the apartment house to $125,000 as compared with his equity of
$275,000, and you'd have to make up the $150,000 difference in some other form
of boot. Thus Mr. Steel would owe just as much tax as he would with the mortgage
relief.
Should you try to find some way for him to pay off his $150,000 mortgage
before the exchange? No, because even if you could arrange it, this would simply
increase his equity to $425,000 as compared with your equity of $275,000 -
leaving you both with essentially the same problem but less money to work with.
But at last a brilliant ideal dawns on you. Why not try to borrow that
$150,000 on your apartment house to eliminate the mortgage boot (as you'd previously
considered) but with a starting difference? Instead of paying this $150,000 to
Mr. Steel, why not use it to buy free and clear another apartment house Mr.
Steel might want? This would enable you to limit the entire exchange to
properties of like kind - with no net mortgage relief or other boot to be
received by either party and therefore no taxes! He'd be getting $425,000 worth
of qualifying property with a $150,000 mortgage on it and you'd be getting the
same!
The other creative ideas come to your mind. What if you find you can borrow
only $100,000 against your apartment house? No problem! You'll still buy another
$150,000 apartment house, but with a $50,000 mortgage against it instead of 100
percent cash. This would still offset $150,000 in mortgage debt on the one
property with $150,000 in mortgage debt on the other two properties - so, again,
there'll be no mortgage relief and no tax bill for either you or Mr. Steel.
Even this isn't necessarily the best possible solution. Suddenly you realize
that you may not have to borrow directly at all. Instead, you can simply create
a mortgage against your original apartment property. You can use this mortgage
as part or full payment of the new $150,000 property, taking out a purchase
money mortgage to finance whatever balance may be needed.
Doing this is surprisingly easy. You just pick up some mortgage forms from a
stationery store, put them in a typewriter, and type up a mortgage on your own
property in favor of the owner of the property you want to buy. If you're not
sure how to fill in the blanks, or how to word the terms, your banker or an
escrow company will be glad to prepare the papers for you, charging a fee of
only $10 or so. Normally you won't have to pay any points, and you'll escape
most of the other charges that woudl be tacked on if you borrowed in the usual
way. Better still, you'll probably have much more room to negotiate provisions
favorable to you than you would with an outside lender.
If the owner of the property is willing to go along, this creation could be
the best solution for both of you.
Two dollars can do the work of four when they're in the form of
mortgage notes instead of cash. What I mean by this paradox is that you can
often use existing mortgage notes at face value in exchanges, even though the
same notes would be sharply discounted if you sold them for cash. This can
sometimes give you a chance to turn a profit of as much as 50 percent virtually
overnight.
Let's assume you've got $12,000 in cash, and want to invest it in
income-producing real estate. You figure that this much money can probably make
you the owner of a property worth at least $60,000.
But you can really do much better than that, if you know how.
Instead of beginning with a direct purchase of property, you can scan the
"Mortgages and Trust Deeds for Sale" ads in the papers. Or you can
make a few inquiries among builders and Realtors. You'll almost certainly find
that you can buy one or more high-quality mortgages or trust deeds having a
total face value of as much as $24,000 with the same $12,000 cash.
Then you go looking for property. Instead of cash, you offer your newly
bought mortgages or trust deeds in exchange for a $24,000 equity in real estate
worth perhaps as much as $120,000. This has been done many times.
Even though most sellers want cash down payments, there are always some who
don't need cash and would much prefer to watch the dollars roll in every month
from a properly secured mortgage or trust deed note. If they took cash on the
sale, they'd simply put it into a savings account at much lower interest than
they can collect from your realty notes.