DST Losses? Financial Advisor Recommended a Delaware Statutory Trust (DST) and Now You’re Stuck?
Many investors were sold Delaware Statutory Trusts (DSTs) as “safe” passive real estate investments or as part of a 1031 exchange strategy. In reality, thousands of investors are now facing suspended distributions, collapsing property values, and complete illiquidity, leading to significant Delaware Statutory Trust losses for many.
If your financial advisor recommended a DST that is now failing, you may have legal options to recover losses.
What Is a Delaware Statutory Trust (DST)?
A Delaware Statutory Trust is a legal structure used to hold commercial real estate. Investors purchase “beneficial interests” in the trust, which owns properties such as:
Apartment complexes
Student housing
Medical offices
Senior living facilities
Industrial and retail properties
DSTs are often marketed as:
Passive income investments
Alternatives to REITs
Vehicles for 1031 tax-deferred exchanges
However, DSTs are private securities, not publicly traded, and carry significant hidden risks.
Major Risks of Delaware Statutory Trusts
1. Illiquidity
DSTs typically have no secondary market. Investors cannot easily sell their interests and may be locked in for 5–10 years or longer, even if the investment collapses. We are investigating Delaware Statutory Trust losses.
2. No Investor Control
Investors have no voting rights over major decisions. The sponsor controls refinancing, leasing, capital spending, and when or if the property is sold.
3. Sponsor Risk
Returns depend entirely on the sponsor’s competence and honesty. Many DST sponsors:
Overpaid for properties
Used aggressive leverage
Collected large upfront fees
Engaged in related-party transactions
4. Single-Asset Concentration
Most DSTs own one property or one small portfolio, exposing investors to massive losses from:
Tenant defaults
Local market downturns
Poor property management
Regulatory or zoning changes
5. Interest Rate and Refinance Risk
Many DSTs used adjustable-rate or short-term debt. Rising interest rates have crushed valuations and made refinancing impossible, forcing distressed sales.
6. Distribution Risk
Projected income is not guaranteed. Many investors experience:
Reduced distributions
Suspended payments
Complete income collapse
7. Fee and Cost Risk
Sponsors collect:
Acquisition fees
Asset management fees
Financing fees
Disposition fees
Even failing DSTs often continue charging fees while investors lose money.
8. Tax Risk
If a DST fails, investors can lose both:
Their principal
Their 1031 exchange tax deferral, triggering large IRS tax bills
What If Your Financial Advisor Sold You a Failed DST?
If your advisor recommended a DST that is now suspended, bankrupt, or dramatically underperforming, the investment may have been:
Unsuitable for your risk profile
Misrepresented as “safe” or “guaranteed income”
Inconsistent with your liquidity needs
Improper for retirement or conservative investors
These cases are often pursued through FINRA arbitration for:
Unsuitable recommendations
Failure to disclose risks
Misrepresentation or omission
Breach of fiduciary duty
DSTs Currently Under Investigation or Litigation
Soreide Law is actively investigating and pursuing claims involving:
Confirmed Bankrupt or Collapsed
NB Mountain Valley DST – Chapter 11 filed August 19, 2025
Inspired Healthcare Capital (IHC) – Chapter 11 filed February 2, 2026
Affects multiple Inspired Senior Living DSTs
Suspended Distributions / Litigation
Apex South Creek DST – lender lawsuits, missed payments
CHRISTIAN YAVIER GOMEZ (CHRISTIAN Y GOMEZ, CHRISTIAN GOMEZ) was permanently barred by FINRA from acting as a broker or otherwise associating with a broker/dealer firm with a start date of 12/15/2025. Gomez was previously registered with BROOKLIGHT PLACE SECURITIES LLC of Fountain Hills, Arizona, from 08/29/2023 - 05/20/2025. CHRISTIAN Y GOMEZ was registered with NYLIFE […]
KEITH MICHAEL DAGOSTINO (KEITH M DAGOSTINO, KEITH DAGOSTINO) was fined $25,000.00 and suspended for 24 months with a start date of 1/5/2026, and an end date of 1/4/2028. Dagostino was with AEGIS CAPITAL CORP of Melville, New York from 10/03/2014 - 11/29/2023, and was last registered with EF HUTTON LLC of Woodbury, New York from […]
Investors have reportedly disputed the sales practices of securities broker John Dennis Lowry [CRD: 4336146, New York, New York], according to public information on Financial Industry Regulatory Authority (FINRA) BrokerCheck. John Lowry has been registered with Spartan Capital Securities LLC since July 10, 2008. See the following information to learn more about the disclosures involving […]
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