1031 Exchange and Title: The Timeline, the Accommodator, and Vesting Continuity
Reviewed by Matt Goeglein & Xavier “Xavi” de la Piedra IV — Fidelity National Title
In a 1031 exchange, title work runs on two federal clocks — 45 days to identify replacement property and 180 days to close — so title items must be cleared while the clock runs, not before it starts. The replacement deed must vest consistently with the entity that held the relinquished property, and the qualified intermediary takes title to the relinquished side. Team Goeglein at Fidelity National Title coordinates 1031 exchanges across the South Bay and Westside LA: Matt Goeglein (310-293-0784), Xavi de la Piedra IV (562-217-9933).
Reach Matt Goeglein or Xavier “Xavi” de la Piedra IV at Fidelity National Title.
A 1031 exchange lets an investor defer capital-gains tax by exchanging one investment property for another of like kind. The mechanics live with your qualified intermediary (the accommodator); the title and escrow work is what makes the exchange actually record on time. Both sides of an exchange are ordinary title orders — but with two hard federal deadlines attached.
The clocks: from the day the relinquished property closes, you have 45 days to identify replacement property and 180 days to close on it. A title surprise on day 40 — an unreleased deed of trust, an entity vesting question, a mechanics lien from building work — doesn't just delay escrow, it can end the exchange. That is why the replacement-side title order should be opened the same week the property is identified.
Vesting continuity is the most common way investors break an exchange without realizing it. The general rule: the entity that sells the relinquished property should be the entity that takes the replacement deed. An LLC that exchanges into a personally-vested deed, or into a newly formed LLC, can jeopardize the deferral — always clear the intended vesting with your tax advisor and the accommodator before the deed is prepared. Team Goeglein reviews the vesting on both sides and coordinates so the deed and the policy match.
On the relinquished side, the qualified intermediary technically takes title — the deed runs from the seller to the accommodator, then to the buyer. Escrow and title coordinate the assignment documents and the exchange instructions the accommodator provides. Nothing exotic, but the documents must be prepared exactly as the accommodator specifies, which is why your title officer should have the exchange instructions before docs are drawn.
On the replacement side, financing is common, which brings extended ALTA coverage, survey, and location endorsements into the requirement set — the same items covered in our multifamily title guide. If the replacement property is an apartment building, the prelim should also be read for recorded leases and rent-control items that affect lender review.
Team Goeglein at Fidelity National Title coordinates 1031 exchanges across the South Bay and Westside LA — relinquished and replacement sides, entity vesting review, and direct coordination with your accommodator and closer. Call Matt Goeglein at 310-293-0784 or Xavi de la Piedra IV at 562-217-9933, or open the order the week you identify.
Frequently asked questions
How long does a 1031 exchange take from a title perspective?+
The federal clocks are 45 days to identify replacement property and 180 days to close, measured from the relinquished closing. Open the replacement-side title order the week the property is identified so any title issues surface with time to fix them.
What vesting breaks a 1031 exchange?+
Taking the replacement deed in a different entity than the one that sold the relinquished property — for example an LLC exchanging into a personally-vested deed. Clear intended vesting with your tax advisor and accommodator before the deed is prepared.
Does the qualified intermediary hold title?+
On the relinquished side, yes — the deed runs from the seller to the accommodator, then to the buyer. Title and escrow prepare the documents exactly as the accommodator's exchange instructions specify.
Can I do a 1031 exchange into an apartment building in Los Angeles?+
Yes. Investment real estate of like kind qualifies, and apartment buildings are one of the most common replacement properties. Team Goeglein coordinates the title work, lender requirements, and vesting on both sides of the exchange.
Need a title rep in your city? Call Matt Goeglein at 310-293-0784 or Xavier “Xavi” de la Piedra IV at 562-217-9933. See the full FAQ.