A large number of homeowners who purchased homes in the past 3 years using zero down 100% financing, now might find themselves with mortgage debts more then their home is currently worth. This example is called an "upside down mortgage". Many of these homeowners who experienced a job lose, medical emergency or other financial hardship are unable to re-finance and are now finding themselves in Foreclosure. Foreclosure is a terrible experience that ruins ones credit for up to 7 years. To make things worse, if a person purchased a home with zero down payment, and lost their home to Foreclosure, and the home sold at the Foreclosure sale for $50,000 less then the original sales price 2 years ago, the homeowner might possibly be subject to an additional $50,000 of taxable income.
However, there is some good news. The recent Mortgage Forgiveness Debt Relief Act of 2007' (HR 3648), enables the homeowner in the above example to not be subject to this extra income Tax. This bill was recently passed by Congress (House Bill 3648) by a wide margin on October 4th, 2007'. It is now awaiting Senate approval and rumor has it that it should pass easily and signed off by the President. This Tax provision will only apply to taxpayers' principal residences and not investment property. Once passed, this House Bill will be retroactive to apply to anyone who has had purchase money debt discharged or forgiven on or after January 1, 2007'. This Debt Relief Act, if passed, will apply to Foreclosures as well as Short Sales.
For those not familiar with the term Short Sale - a Short Sale is a pre-foreclosure sale in which the the mortgage lenders agree to accept less then what they are owed on the property, to a dollar figure which equals the sales price minus all cost of sales. The homeowner does not receive any cash from the sale (just as in a Foreclosure). Compared to Foreclosure, a Short Sale is becoming a preferred solution for "upside down properties" for both homeowners and mortgage bankers alike. A Short Sale is less damaging to ones credit as compared to a Foreclosure. A Short Sale does not stay on ones credit report as long as a Foreclosure.
There are couple of items to note regarding Tax consequences that apply both equally to a Short Sale and Foreclosure. The Mortgage Cancellation Tax Relief if passed, will only apply to purchase money mortgages, and not re-finance cash out mortgages. The other item, is according to many accountants, if one can prove financial insolvency, then the income Tax liability discussed above can be avoided.
If you are a home owner who may be upside down in your mortgage, or if you are delinquent in your mortgage payments, I can help! Give me a call and I will talk to you about the different options that you have. I am neither an Attorney nor an Accountant and this article is not to be construed as Legal nor Financial Tax advice. Please seek Tax advice from a Tax accountant before making a decision in these matters.
However, there is some good news. The recent Mortgage Forgiveness Debt Relief Act of 2007' (HR 3648), enables the homeowner in the above example to not be subject to this extra income Tax. This bill was recently passed by Congress (House Bill 3648) by a wide margin on October 4th, 2007'. It is now awaiting Senate approval and rumor has it that it should pass easily and signed off by the President. This Tax provision will only apply to taxpayers' principal residences and not investment property. Once passed, this House Bill will be retroactive to apply to anyone who has had purchase money debt discharged or forgiven on or after January 1, 2007'. This Debt Relief Act, if passed, will apply to Foreclosures as well as Short Sales.
For those not familiar with the term Short Sale - a Short Sale is a pre-foreclosure sale in which the the mortgage lenders agree to accept less then what they are owed on the property, to a dollar figure which equals the sales price minus all cost of sales. The homeowner does not receive any cash from the sale (just as in a Foreclosure). Compared to Foreclosure, a Short Sale is becoming a preferred solution for "upside down properties" for both homeowners and mortgage bankers alike. A Short Sale is less damaging to ones credit as compared to a Foreclosure. A Short Sale does not stay on ones credit report as long as a Foreclosure.
There are couple of items to note regarding Tax consequences that apply both equally to a Short Sale and Foreclosure. The Mortgage Cancellation Tax Relief if passed, will only apply to purchase money mortgages, and not re-finance cash out mortgages. The other item, is according to many accountants, if one can prove financial insolvency, then the income Tax liability discussed above can be avoided.
If you are a home owner who may be upside down in your mortgage, or if you are delinquent in your mortgage payments, I can help! Give me a call and I will talk to you about the different options that you have. I am neither an Attorney nor an Accountant and this article is not to be construed as Legal nor Financial Tax advice. Please seek Tax advice from a Tax accountant before making a decision in these matters.
2 comments:
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