Insist That Your 1031 is Facilitated Safely
Secure 1031 Facilitation

Many 1031 Exchangers are unaware that the 1031 exchange industry is almost totally unregulated. Granted, there are a handful of states that require some licensing. But by and large, you are on your own when it comes to ensuring that your exchange is facilitated properly.

For this reason, you need to be aware of two very important pitfalls to avoid as you select a Qualified Intermediary for your exchange.

PITFALL #1, make absolutely sure that your personal data and transactional info will be fully secured during the course of your exchange, and

PITFALL #2, make sure that your exchange proceeds will be held on deposit within a safe custodial structure and that your exchange funds will not be commingled with the funds of others. This means either a Qualified Escrow Account or, as Fyntex does, utilize a restricted 1031 trust account in the name of the Exchanger and with their tax identification number.

In addition, remember that the logistics and mechanics of your exchange are critical as well. Before you set up your exchange it is important that it be carefully planned with the help of an experienced, competent and creative legal and exchange professional. Preferably one who is completely familiar with the tax code in general, not just Section 1031, and one who has extensive experience in doing many different kinds of exchanges. Thorough planning can help avoid many subtle exchanging pitfalls and also ensure that the Exchanger will accomplish the goals for which the transaction is intended.

Exchange Steps

  • Select Your Qualified Intermediary

  • Close Your Relinquished (Sale) Property on Day 1

  • Identify Potential New Properties Within 45 Days

  • Close All Replacement Properties Within 180 Days

Secure Facilitation Your Exchanger Checklist
Planning and Advice

Since tax deferred exchanges involve a minimum of two properties, and often many more, they include some extraordinary logistics because of the necessary multiple closings and the difficulties associated with many transactional moving parts. For this reason, and because a significant amount of deferred gain treatment is at stake, every exchange deserves to be planned by the Exchanger beforehand.

It usually only takes a few minutes with a Fyntex 1031 exchange professional for an Exchanger to theoretically walk through the entirety of the exchange logistics before starting. This type of pre-planning can often assist an Exchanger in avoiding several exchanging pitfalls and create workarounds or mitigation strategies before any problems can arise.

Secure Facilitation Your Exchanger Checklist
Is Your Personal Data Secure?

The online world in which we live today can be dangerous. Especially for those involved in the sale and transfer of real estate. Your personal data is always at risk of being hacked or compromised, and it is even more risky to allow the transport of your personal data across free email platforms like Gmail and Yahoo.

Frankly, this is one of the primary rationales we utilized when we built our original processing platform in 2018. We encourage every Exchanger to insist that your exchange is processed within a fully encrypted environment, to ensure that no data is ever at risk. We also suggest that you insist that your trust account is set up your in your name and that you have access to it, so you can log in to a secure ecosystem where you can safely interact with your exchange documents, view your trust account activity, or communicate with your 1031 Coordinator.

Secure Facilitation Your Exchanger Checklist
Are Your Exchange Funds Secure?

For many years, Qualified Intermediaries commingled the exchange proceeds of their Exchangers and provided for the sub-accounting of individual Exchanger balances on their own books. Over time, as banking software became more sophisticated, it was possible to set up individual accounts for the benefit of Exchangers (FBO), however the accounts were always in the name of the Qualified Intermediary and never required the approval of the Exchanger to transfer any exchange funds.

One step forward for 1031 Exchangers was the introduction of Qualified Escrow Accounts or QEAs. This is essentially a three-party agreement between the bank, the Intermediary and the Exchanger which ensures that a bank officer must sign off for the transfer of any 1031 funds. This was a dramatic step forward for Exchangers, but has been utilized very rarely because of the traditional extra $500 expense of setting up the individual QEA at the bank.

A New Paradigm, Full FDIC Insurance
If an Exchanger does not opt for the extra expense associated with a Qualified Escrow Account they should insist upon a Qualified Intermediary like Fyntex who uses a banking structure that can be trusted. The Fyntex 1031 banking regimen includes two unprecedented aspects that create absolute security for your exchange funds. One, every trust account is set up in each individual Exchanger's name, and with their tax identification number. Secondly, Fyntex has uniquely qualified to offer full FDIC insurance deposit covereg efor every 1031 exchange dollar on deposit. This insures all your exchange deposits well past the traditional $250,000 threshhold. Fyntex further requires that every Exchanger must provide written disbursement instructions, usually provided through secure e-signature for the wiring or movement of any 1031 funds.

Secure Facilitation Your Exchanger Checklist
Facilitating in a Fully Encrypted Environment

Ensuring that your exchange is facilitated and processed within an encrypted environment like ours, means that your personal and transactional data is never at risk because it is electronically secured. It also means that your access to your exchange related data and trust account balances will typically only be available via login credentials which are required for you to view your exchange inforrmation.

Encryption is the backbone provided by Fyntex that protects you and your data:

  • Encryption in transit - We encrypt all data as it moves between the QI servers and your web browser. With an API that is fully encrypted so every request to view or update your records automatically encrypts that data behind the scene.
  • Encryption at rest - We encrypt all data that's stored. This includes both the records stored in the QI databases and search indexes as well as any files and images you've uploaded to the database.
  • Bank-level Encryption - We insist upon both SHA-256 and AES-256 encryption, the strongest encryption available. This is the same level of encryption that banks use.
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