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Iron Ridge Advisors

1031 Exchange · 5 min read

Recourse vs. Non-Recourse Debt: What Investors and Landowners Need to Know

When you borrow against real estate, the type of debt matters more than the rate. Recourse and non-recourse loans look similar on paper but behave very differently when something goes wrong.

Recourse debt

Recourse debt means the bank has more than just the property as security. If you default and the foreclosure sale doesn’t cover the balance, the lender can pursue your personal assets, your other property, savings, retirement accounts.

Example: You borrow $1 million against a property. You default. The bank forecloses and sells for $700,000. You’re personally on the hook for the remaining $300,000 gap.

Who uses it: Almost everyone. Traditional bank loans, mortgages from your local bank, small-business loans, lines of credit, are usually recourse.

Non-recourse debt

Non-recourse debt limits the lender’s recovery to the property only. Same scenario as above, but the bank absorbs the $300,000 loss because they can’t come after your other assets.

Non-recourse loans usually come with stricter underwriting requirements and sometimes higher rates. They’re used for institutional real estate, multifamily, and DST offerings.

Where non-recourse debt comes from

  • Fannie Mae and Freddie Mac, the government-sponsored enterprises behind much of multifamily lending. They frequently provide non-recourse options on apartment complexes
  • CMBS, Commercial Mortgage-Backed Securities pools
  • Life insurance companies, common for net-lease and stabilized commercial real estate
  • DST sponsors, non-recourse is the default in DST offerings

Balance sheet treatment

This is where DST debt gets interesting:

  • Recourse loans show up as personal liabilities on your balance sheet
  • Non-recourse DST debt does not appear on your personal balance sheet

But for IRS 1031 purposes, that non-recourse debt still counts toward your debt-replacement requirement. You meet the IRS rule without taking on personal liability.

Side-by-side

RecourseNon-Recourse
Personal liabilityYesNo
Common usageBank mortgages, business loansMultifamily, DSTs, CMBS, life insurance
Borrower riskHighLimited to invested capital
Interest ratesOften lowerSlightly higher, stricter underwriting
Balance sheetPersonal liabilityOff-balance-sheet
DST applicabilityNoStandard structure

Bottom line

Recourse debt is what most landowners live with: you borrow from a bank, you’re on the hook if things go wrong. Non-recourse debt is the institutional alternative, used by DSTs and large commercial real estate. For a landowner doing a 1031 exchange, non-recourse DST debt is a way to satisfy the IRS’s debt-replacement rule without putting your ranch, savings, or retirement on the line.

Frequently Asked

What's the difference between recourse and non-recourse debt?
Recourse debt allows the lender to pursue your personal assets if the property doesn't cover the loan balance. Non-recourse debt limits the lender's recovery to the property itself, your personal balance sheet stays untouched.
Why do DSTs use non-recourse debt?
DSTs are designed for accredited landowners doing 1031 exchanges. Non-recourse financing satisfies the IRS debt-replacement rule without making the investor personally liable. It's also typically arranged through Fannie Mae, Freddie Mac, CMBS lenders, or life insurance companies, institutional sources with high underwriting standards.
Does non-recourse DST debt show up on my balance sheet?
No. Non-recourse DST debt does not appear as a personal liability on your balance sheet. For IRS 1031 purposes, however, it still counts toward your debt-replacement requirement.

Have questions about how this fits your situation?

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