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For all the homeowners who are upside down and can no longer make their mortgage payment (because of either a job loss, divorce, or an option ARM that´s resetting higher), up to now the only option was, well, letting the bank foreclose. That´s not a good option since a foreclosure sticks on your credit record for at least 10 years. Instead, we recommend doing a "short sale".
What is a short sale?
A short sale is a sales transaction in which the seller's mortgage lender agrees to accept a payoff of less than the balance due on the loan.
Does this affect my credit?
Yes, but not like a foreclosure. Most banks will report that the loan was paid for less than originally owed. You may be able to declare insolvency (different than bankruptcy) and eliminate some of the financial impact.
What are the benefits of a short sale?
Minimize damage to your credit
Avoid deficiency judgment
Minimize Creditor Collection impact
Get through this faster than a foreclosure
Get an independent professional valuation of your property
Guidance through the entire process
Get property sold
How Debt Forgiveness Works
the lender will file a 1099-C form stating the amount of the canceled debt, and that amount will be considered as ordinary income to the seller.
Exceptions to the Rule
The IRS does recognize four situations in which cancellation of debt will not result in tax liability for the seller. A seller may avoid tax liability:
When the borrower receives a bankruptcy discharge and the deficiency was included in the bankruptcy
When the borrower is insolvent at the time of the cancellation of the debt. Insolvency would occur when a borrower´s liabilities exceed assets. Note that seller would have to prove this insolvency to the IRS when filing a tax return.
When the debt was secured by a nonrecourse loan. Under a nonrecourse loan, the lender does not have the legal right to collect a deficiency judgment from any assets of the debtor not pledged to secure the loan. While most home mortgages are do not fall into this category, purchase money loans on a person´s residence are nonrecourse in some states.
When the tax liability from the cancellation of debt on an investment property can be offset against other business liabilities and expenses. This exception does not apply to properties occupied as a residence by the mortgagor.
Contact us today to find out if a short sale is right for you!
Office: 239-687-4281
Email: realestate@GiovanniLaverde.com