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Sunday, July 1, 2012

West Sacramento Debt Forgiveness Act Set To Expire

Today let’s talk about the looming expiration of the Mortgage Relief Act of 2007 and why that’s important. Now without giving you tax or legal advice, in California, if a lender accepts a short sale they must agree to waive their right to seek a deficiency judgment on the unpaid balance. Because they cannot seek the deficiency and track the unpaid balance as a bad debt, the lender is required to notify the IRS by means of issuing the debtor a 1099 for the forgiven debt. This phantom income is reported as income and the borrower may be required to pay income taxes on that unpaid balance.

    
Now the Mortgage Relief Act of 2007 says that under certain circumstances, which most homeowners will qualify, the IRS and State Franchise Tax Board (FTB) will agree to waive their right to collect income taxes on the forgiven debt. This law is set to expire December 31, 2012. There are bills in Congress to extend this act but none have been as yet approved.

Let’s think about that for a minute. An underwater homeowner loses their home to foreclosure. For sake of argument we’ll say the unpaid balance is $100,000. If that now former homeowner is in the 25% tax bracket, they will owe $25,000 on the forgiven debt. Under current law, if the correct paperwork is filed when they do their income taxes they will owe nothing on that forgiven debt. If the law expires we are back to the former homeowner owing income taxes on money they really never got. The same goes for short sales.

Hopefully you can see why, if you are contemplating a short sale that you act now. A typical short sale can take 4-6 months to complete. Imagine if the Mortgage Relief Act is not expended and you have to pay income taxes on the forgiven debt – how catastrophic is that?

I don’t know about you but if I were contemplating a short sale or facing foreclosure I sure would not roll the dice on our Congress doing the right thing and extending the tax relief. I would be short selling now.

To get a better idea of when your West Sacramento home will be worth what you owe, log in to www.shortsaleandloanmod.info for a free estimate or call me today for a free no obligation consultation or for the latest West Sacramento short sale information. Call me today and sleep better tonight; you’ll be glad you did


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