Tuesday, November 17, 2009

Economics 101 Deficiency Judgement and Debt Cancelation

There are many realtors out there that will list a short sale and are not aware of a possible deficiency judgment against the property owner after the home has been sold.
What is a deficiency judgment?
The difference between the mortgage balance and the discounted amount will be the total that the lender may seek a deficiency judgment against the seller who sold their home "short" of what they owed on their mortgage. If granted, this judgment may affect the homeowners and their credit report just as any other judgment. Likewise, the same judgment can be sought after if the homeowner has let their home go back to the bank and the bank sells it at auction for less than what was owed.
What is a 1099 on a short sale?
A 1099 may be given to homeowners as a result of the benefit they've received from the sale of their home. For example, if the bank is owed $100,000 and agrees to accept $75,000 for a short sale, the homeowners actually made $25,000 (the short sale amount). Therefore, the homeowner can receive a 1099 for that amount. It is recommended that your client speak with a local accountant and/or attorney on how a 1099 on a short sale may affect them. Activerain
Home Foreclosure and Debt Cancellation
The Mortgage Forgiveness Debt Relief Act of 2007 generally allows taxpayers to exclude income from the discharge of debt on their principal residence. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualify for this relief.
What is a cancellation of debt?
If you borrow money from a commercial lender and the lender later cancels or forgives the debt, you may have to include the canceled amount in income for tax purpose, depending on the circumstances. When you borrowed the money you were not required to include the loan proceeds in income because you had an obligation to repay the lender. When that obligation is subsequently forgiven, the amount you received as loan proceeds may be reportable as income because you no longer have an obligation to repay the lender. The lender is usually required to report the amount of the canceled debt to you and the IRS on a Form 1099-C, Cancellation of Debt.
IRS.gov

No comments: