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Home » Blog

16th Kratovil Conference on Real Estate Law & Practice

on Wed, 10/10/2018 - 10:44   Mark Flanagan
The John Marshall Law School

Today, Accruit Associate General Counsel Jordan Born joins scholars, practitioners and other industry professionals at the 16th Kratovil Conference on Real Estate Law & Practice at The John Marshall Law School to discuss potential changes in land use to meet the needs of the commercial real estate industry.

From the conference titled, An Inflection Point in Land Development? Private & Public Conditions Considered:

Privately created restrictions on use and affirmative responsibilities—those covenants running with the land—structure condominiums and homeowner associations, retail shopping centers, and other real property in such a way that the rights and duties of owners and users stand in the way of the future needs of society. Likewise in the public sector, established land development conditions—exactions, impact fees, in-lieu fees—that may have once made sense may no longer support today's land-use goals and policies.

  • Read more about 16th Kratovil Conference on Real Estate Law & Practice

Earnest Money versus Down Payment – What’s the Difference?

on Tue, 10/02/2018 - 15:42   Steve Chacon
Earnest Money versus Down Payments

As a provider of escrow services, Accruit is experienced in facilitating all types and levels of transactions.  Whether simple or complex, it’s important to understand some of the terminology used. Two terms common to the sale and purchase of real estate are “earnest money” and “down payment.” In this blog post, I will review the definitions of each of these terms and how they are used in the context of real estate and escrow.  

What is Earnest Money?

According to Merriam-Webster, earnest money has various definitions, including:

  • a serious and intent mental state
  • something of value given by a buyer to a seller to bind a bargain
  • a token of what is
...
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Seller Financing in a 1031 Tax-Deferred Exchange

on Thu, 09/27/2018 - 08:32   Martin Edwards
Seller Financing 1031 Exchange

In a sale of real estate, it’s common for the seller, the taxpayer in a 1031 exchange, to receive money down from the buyer in the sale and to carry a note for the additional sum due. The taxpayer facilitates financing for the buyer in this way to make the transaction happen. Sometimes this arrangement is entered into because both parties wish to close, but the buyer’s conventional financing is taking more time than expected. If the buyer can...

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The Tax Cuts and Jobs Act of 2017 and its Effects on 1031 Exchanges

on Tue, 09/25/2018 - 16:08   Jordan Born
Tax Cuts and Jobs Act Impact on 1031 Exchanges

The Tax Cuts and Jobs Act of 2017 (TCJA) that took effect on January 1, 2018 was a major overhaul of the Internal Revenue Code. Late in 2017, while changes to Section 1031 were being contemplated by Congress, Accruit posted this blog article concerning some of the proposed amendments or even total repeal of Section 1031 being contemplated in Washington, D.C. and the potential adverse effects on tax deferred exchanges.

Fortunately, the TCJA passed by Congress and signed into law by the President generally preserved ...

  • Read more about The Tax Cuts and Jobs Act of 2017 and its Effects on 1031 Exchanges

Tax Relief for Victims of Hurricane Florence

on Fri, 09/21/2018 - 15:17   Mark Flanagan
Hurricane Florence Tax Relief

In the event of a federally-declared disaster, the IRS will provide relief to taxpayers in the form of extensions on the 180-day exchange period and 45-day identification period...

  • Read more about Tax Relief for Victims of Hurricane Florence

Accruit and AUTOPAY Team Up to Facilitate Online Vehicle Sales and Purchase

on Thu, 09/20/2018 - 09:31   Mark Flanagan
Accruit and AUTOPAY Team Up to Facilitate Online Vehicle Sales and Purchase

DENVER – Accruit, a leading fintech company providing online escrow services and 1031 exchanges, and AUTOPAY, an online vehicle loan marketplace, have come together to remove all barriers associated with the private sale and purchase of motor vehicles with outstanding loan commitments

Accruit’s PaySAFE® online escrow service already facilitates online buying and selling of vehicles (as well as construction equipment, art, livestock and more). With the addition of Autopay, individuals who want to transfer ownership and title of vehicles with outstanding loan commitments are now able to do so.

“Private used car sales continues to be one of the fasting growing sub-verticals in the automotive industry. Removing barriers between buyers and sellers who...

  • Read more about Accruit and AUTOPAY Team Up to Facilitate Online Vehicle Sales and Purchase

FEA 2018 Annual Conference

on Wed, 09/12/2018 - 07:44   Mark Flanagan
FEA 2018 Annual Conference

Accruit and other members of the Federation of Exchange Accommodators convene at the FEA 2018 Annual Conference in Kansas City September 12 -14 to discuss issues relevant to like-kind exchanges and the 1031 industry. The theme of this year's conference is "Building for the Future."

Accruit Executive Vice President, Martin Edwards, will take FEA members through a 1031 ...

  • Read more about FEA 2018 Annual Conference

Northwest Farm Credit Services Agricultural Lending Program

on Thu, 09/06/2018 - 10:42   Mark Flanagan
Northwest Farm Credit Services Agricultural Lending Program

Accruit EVP Max Hansen charts the evolution and passage of the 2017 Tax Reform Act and its impact on property exchanges under Section 1031 of the Internal Revenue Code in a program conducted by Northwest Farm Credit Services for its loan officers at Fairmont Hot Springs Resort near Anaconda, Montana.  Max will also discuss the current state of real property exchanges and some of the recurrent issues faced by ag lenders and their customers.

Northwest Farm Credit Services (Northwest FCS) is a financial cooperative providing financing and related services to farmers, ranchers, agribusinesses, commercial fishermen, timber producers, rural homeowners and crop insurance customers through 44 branch offices in Montana,...

  • Read more about Northwest Farm Credit Services Agricultural Lending Program

Selecting the Entity for a Real Estate Purchase – Part 1

on Fri, 08/24/2018 - 16:20   Jordan Born
Selecting the Entity for a Real Estate Purchase – Part 1

In this series of blogs, I provide a brief overview of the most common forms and business entities available under state law for purposes of owning real estate. These summaries do not seek to account for every similarity or difference between forms and business entities, but rather focus on what will probably be the most salient factors when comparing one entity against another.

The descriptions of these entities are organized according to their functional characteristics, such as formation, management and conduct of business, firm property, ownership interests, dissociation of owners, and dissolution of the firm. This allows the reader to compare and contrast the alternatives offered by the various forms.

Tax Law and Business Law Considerations of Real Estate Entities

Investors can choose from several different organizational forms for purposes of purchasing real estate. Most organizational entities are separate and apart from the assets and liabilities of any other entity or owner. The choice of entities in owning real estate is usually dependent upon a combination of business law and tax factors.

Tax law considerations...

  • Read more about Selecting the Entity for a Real Estate Purchase – Part 1

Infographic: Digital Vault — Protecting Software Licensees & Source Code Assets

on Fri, 08/24/2018 - 10:22   Mark Flanagan
How the Digital Vault Works

Software escrow protects software developers and
users by providing safe and secure storage of source
code (or other digital assets) and release to licensees
upon specific conditions.

  • Read more about Infographic: Digital Vault — Protecting Software Licensees & Source Code Assets

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