Crypto in Real Estate Finance

R. Wilson Freyermuth, Christopher Odinet, Andrea Tosato
Alabama Law Review, 75 (2023)
Shook Hardy Bacon Research Award

Abstract

Blockchain and cryptocurrencies have ushered in a digital gold rush. But all that glitters is not gold. The latest fad is the use of non-fungible tokens (NFTs) to purchase and finance real estate. Typically, crypto real estate transactions begin with the transfer of title for a residential property into a dedicated business entity, such as a limited liability company. Thereafter, an NFT is 'minted' and used to represent the ownership interest in that entity. The real property is then marketed online specifying that, to acquire it, one simply purchases the relevant NFT via a blockchain transfer. Crucially, buyers are expected to use the NFT as collateral to fund their purchase, rather than obtaining a traditional mortgage. Proponents of this novel structure insist that it yields cheap, fast, and secure real estate transfers, disrupting a sector infamous for its high costs, delays, and labyrinthine bureaucracy. This Article offers the first exhaustive examination of crypto real estate transactions.

Keywords

cryptocurrencyreal estate financeblockchainsecured transactionsUCCdigital assetsmortgage lawproperty lawcollateralfintech