Recently, several nationwide 1031 Exchange companies have stolen a lot of money from their investors. A lot meaning upwards of $100 million or more. Many of these defrauded investors are located right here in Denver. Basically, the scam goes like this:
Investors, like you or me, needing a Qualified Intermediary (QI) place the proceeds from the sales of their real estate into escrow with a QI (these are the 1031 exchange companies). The investors identify the new properties they want to purchases within the required 45 days. Then, when it comes time to close on these new properties upwards of six months later, they find that the funds are no longer there, the QI has filed for bankruptcy, and the QI principals you were dealing with may not even be in the country anymore. Not only were your hard-earned real estate profits stolen, but now your 1031 exchange will expire, and you’ll have to pay taxes on profits you no longer have. A lot of taxes. And the IRS is not letting these innocent investors off the hook.
Because of the loss of equity and the inability of pay a large tax liability, these 1031 frauds are forcing a great many innocent and otherwise successful investors into immediate bankruptcy. Some individual investors have even lost tens of millions of dollars. Your only real recourse is to sue the QI, but good luck ever retrieving your funds. This is big news, and it is scary.
The lesson here is not to avoid investing in real estate, nor is it to avoid doing 1031 exchanges. The lesson is to research the 1031 exchange company, call their references, and only do business with established and reputable firms that set up individual holding accounts for each exchange. Then, make sure to periodically check the balance on that account.
The frauds were occuring within firms that set up one large bank account to hold all the funds for everyone. Because 1031 exchanges take so long to execute and there was no way for investors to check on their own funds, it became easy for the QI hide, for a long time, the fact that they were stealing enormous quantities of money. Stealing becomes very difficult to pull off when there are individual, trackable accounts. Also, odds are good they’ll get caught long before they get a chance to steal very much from very many.
Keep your eyes open and do your homework, and you should be OK. Here are a couple other articles on the subject:
http://www.lasvegasnow.com/Global/story.asp?S=6048364
http://www.sonorancity.com/sonoran_city_news/2007/02/1031_exchange_c.html