From Crowdfunding to Tokenization: The Evolution of Shares in Real Estate

Picture of the inside of a house, living room area with modern furniture and lots of windows.

July, 2021 — Real estate has long functioned as a store of equity value that owners can exchange for money, loans and lines of credit. Yet the typical real estate transaction is associated with a cumbersome, bureaucratic, and fee-heavy process that every homeowner is greatly relieved to finish.  

There are other ways to invest in real estate that do not take the same level of personal involvement and work as direct purchases of real estate do. In other words, investments in buildings and land can be more liquid. In addition to investing in and financing one’s own property, it’s possible to invest in real estate exchange-traded funds (ETFs) and real estate investment trusts (REITs) through stock brokerage accounts, including individual retirement accounts.

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DACA Beneficiaries (“Dreamers”) Can Now Buy Homes With FHA Loans

Image of two people seemingly happy while hugging on the beach.

In 2021, FHA home loans are once again attainable for hundreds of thousands of young beneficiaries of Deferred Action for Childhood Arrivals (DACA). Brought to the country as young children, DACA recipients are called Dreamers because they received temporary conditional residency, Social Security numbers, and work permission under the Development, Relief, and Education for Alien Minors (DREAM) Act.

Dreamers have grown up in the United States. They consider it home. To be DACA-eligible, they’ve studied for a diploma or G.E.D., or performed military service. Under DACA, they may continue to study and hold jobs without deportation fears.  

Most Dreamers are now in their 20s and 30s — a time in life when many young adults consider buying houses. And now, many more can. 

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Breaking Legal News in Hawaii: Home Sellers Must Now Disclose Sea Level Risks

Partial underwater image of a beach in Hawaii with lots of palm trees in the background.

It’s a sign of the coming times. Hawaii’s Senate Bill 474 has amended the state’s flood hazard disclosure rules for residential real estate. Disclosures now must include sea level rise exposure, in alignment with hydraulic and hydrological data from the Hawaii Climate Change Mitigation and Adaptation Commission.

Gov. David Ige signed the bill on July 2, 2021. One of the other bills signed on the same day was House Bill 243, which directs state agencies to take sea level rise into account in infrastructure plans.

These bills are among the latest steps Hawaii has taken to meet the goals of its 2050 Sustainability Plan and the capacity of future generations to thrive.

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Issue Spotting: Buying a Home With an Unmarried Partner

Thinking of buying a house with your partner? Many unmarried couples decide to live together, often co-owning their homes. Here are some questions to consider if you’re thinking of making a similar commitment.

Will One Partner Take Out the Mortgage? Or Will You Be Co-Borrowers?

Two people sitting in a house with moving boxes behind them,

When unmarried couples apply for a mortgage, the partner with stronger credit may opt to be the sole buyer. This can lead to the best possible loan terms and rates.

Alternatively, the couple can apply for a mortgage in both names and pay it off from a joint bank account. Buying a home together, as co-borrowers, may seem to strengthen the couple’s borrowing power. Yet it can do the opposite. A lender will look at the lower of the two credit scores to make approval decisions.

Moreover, co-borrowers need to refinance the loan if they later stop co-owning and put the title into only one of their names. Handling a home loan jointly can complicate the couple’s future if the relationship changes.

Before applying for your mortgage, get the facts on credit scores — and how to boost yours.

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Sellers Rejected Your Offers? Get Back on Track to Closing

Making a Strong Offer in 3 Strategic Stages

Person looking very hopeful.  Captioned: Making a strong real estate offer in 3 strategic steps.

You’re financially ready. You’re excited to be shopping for your new home. But you’re getting slammed by the competition! Now, how do you make offers with confidence and get your home purchase goal back on track?

There are three key parts of this home-buying adventure. You can break them down into:

1. Preparing your finances.

2. Choosing homes you’d like to buy, assessing their value and appropriate pricing.

3. Negotiating with sellers.

When the going gets tough, a few competitive tips might help strengthen your hand in each of these three stages. Then we offer a few lesser-known ideas. What follows is a range of possible strategies to work with, so you can choose what resonates with you.

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The 1031 Exchange and Other Real Estate Tax Staples: Will the Biden Administration Make Changes?

Image of public housing. Captioned: The 1031 Exchange and Other Real Estate Tax Staples.

In the $1.8 trillion American Families Plan, Joe Biden is looking at tightening up the tax code to move more funding into families and education. What tax provisions could be changed?

  • The 1031 exchange (like-kind exchange) tax-deferrals for business or rental properties.
  • The stepped-up cost basis for heirs after the homeowner dies.
  • The current estate tax exemption.
  • Gift tax provisions.

Congress would have to approve any changes, so none of these will be enacted immediately. If and when they are enacted, their bite may be less than their bark. Let’s take a look.

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Decentralized Finance (DeFi) and Real Estate Investments

Image of the outside of a modern multi-unit real estate building.

Real estate is known as an illiquid asset. Turning real estate assets into cash is a complex, costly process. This is so, whether the owner is selling, or seeking profit from steady rental income. Returns on an initial investment are typically slow, cumbersome, dependent on intermediaries, and reliant on other people’s reliability and performance.

Blockchain technology is being applied to lessen the administrative friction. Were real estate easier to transfer, proponents say, new investment choices could be developed.

Readers may have noted a marked rise in discussions of DeFi — decentralized finance — as a way to bringing tangible assets into digital, accessible form. Real estate, with a global market approaching $300 trillion in total value, is an impressive use case. According to Paul Tostevin, director of the Savills World Research team:

By any measure, real estate is by far the most significant store of wealth, representing more than 3.5 times the total global GDP. 

And no wonder. Territory is a good we cannot live without. And real estate is finite.

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Immigration for U.S. Real Estate Buyers

Image of a map of the United States with green pushpins marking locations of foreign real estate investing.

…And the Return of the EB-5 Investor Visa

In the United States, real estate investment opportunities abound. International real estate buyers can earn profits and bolster the U.S. economy at the same time. Some people invest from outside the borders. Some investors hope to live in the United States.

If you wish to invest in U.S. real estate from a distance, or to learn about mortgages for international buyers, check out our guide for Foreign Nationals Buying U.S. Real Estate.

If you are thinking of purchasing U.S. real estate and gaining residence as well, read on. We’ll start with a broad-brush Q&A. Then we’ll get into the investment visa and the eligibility rules as of 2021.

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Creating Affordability: Deed-Restricted Workforce Housing

Image of furniture in a house and the view out a window to a mountainous scene.

Buying a home is a major challenge for a large segment of our population, and many people can’t afford homes near the workplaces that need them. With the travel and hospitality sectors reopening for business, the problem is growing more obvious. There’s a home affordability crisis calling for remedies.

Where there’s a will, there’s a way. Or several. Some counties and towns are addressing the issue by dropping their single-family-only zoning rules. Another response is a flurry of permissions for homeowners to build accessory dwelling units (a.k.a. “in-law cottages)” on their properties. 

In this article, we’ll explore yet another partial solution: dedicated workforce housing. Counties can create deed restrictions that allocate homes to employees of local businesses. A deed restriction, recorded with the property deed, can limiting the ways a home can be held or conveyed to someone else.

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Blockchain Is Now Legal Tender In El Salvador. Real Estate Investors, Take Note.

Image representing the idea of a blockchain.

June, 2021 — As Deeds.com readers know, we’ve been watching the steady emergence of blockchain for real estate applications. Blockchain, which was introduced to the world through Bitcoin in 2009, is here to stay. How can we say so? It’s increasingly viewed as a change agent in the way business is done.

Case in Point: El Salvador, June 2021

Cryptocurrency has just reached a new milestone, becoming a legal tender in El Salvador. To underscore the intent to make bitcoins more like a currency than a taxable asset, President Nayib Bukele said transactions could occur without being subject to capital gains tax. On the 9th of June, 2021, the president tweeted about the country’s official recognition of Bitcoin:

The #BitcoinLaw has been approved by a supermajority in the Salvadoran Congress. 62 out of 84 votes! History! #Btc

Bukele has replied to concerns that cryptoassets can be used by criminals, observing that criminals trade in U.S. dollars and other assets as well. The president also tweeted a rebuttal to the objection that cryptocurrency relies on coal-based electricity:

I’ve just instructed the president of LaGeo (our state-owned geothermal electric company), to put up a plan to offer facilities for #Bitcoin mining with very cheap, 100% clean, 100% renewable, 0 emissions energy from our volcanos. This is going to evolve fast!

El Salvador will offer citizenship to those who have invested in at least three bitcoins.

Note: Bitcoin with a capital B is usually reserved to mean the platform, whereas a bitcoin with a small b is the cryptoasset itself. BTC is the abbreviation for bitcoin traded on an exchange.

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