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Going, Going, Gone - The Mortgage Debt Relief Act

By
Real Estate Broker/Owner with Wendy Smith Real Estate

According to the IRS, the Mortgage Debt Relief Act of 2007 generally allows taxpayers to exclude income from the discharge of debt on their principal residence.

 

Discharge of debt is more specifically defined in Publication 4681.  Generally, the Act includes debt forgiven via foreclosure, short sales and principal reduction.

 

The Act was designed to help homeowners avoid additional financial hardship created by short sales, foreclosure and mortgage restructuring.  Therefore, debt forgiven on investment properties, vacation homes, and business properties does not qualify for this relief.

 

Like any ruling from the IRS, The Mortgage Debt Relief Act is easily misinterpreted.  That said it would be prudent for any homeowners anticipating a 1099 to consult an accountant to determine if any expected reduction of debt is eligible under the Act. 

 

Misunderstanding of the Mortgage Debt Relief Act can be found on numerous websites misstating the Act to be forgiveness of the deficiency loan balance resulting from a short sale or foreclosure.  This is an incorrect representation of the Mortgage Debt Relief Act.

 

The Mortgage Debt Relief Act passed in 2007 was scheduled to expire December 2010. Legislation extended some of the Mortgage Debt Relief Act tax savings thru December 2012.

 

It is anybody’s guess as to whether or not further legislation will extend the expiration beyond December 2012. 

 

The short sale process continues to be a long drawn out process therefore

any homeowner considering a short sale should consider

the consequences of not having the benefit of the

relief provided by the Mortgage Debt Relief Act. 

 

Fortunately, some states like California have adopted similar laws on a state level. 

 

Take the time to consult with a professional now while there is time and opportunity to make the most of this valuable relief.

 

Visit www.WendySmithShortSales.com for more information.

Posted by

Counting Blessings & Serving My Community,

Wendy Smith

 

 

Comments (5)

Jordon Wheeler
The Jordon Wheeler Group - Fairburn, GA
J W Group Real Estate Sales and Service

Hi Wendy,

The way I understand the Mortgage Debt Relief Act is that works in the favor of a homeowner whose principal residence was foreclosed or short sold with a deficiency balance.  So in other words investor homes and second homes will not benefit from this Act.  And I do advise clients to consult with an accountant familiar with the Act.  Is this something that people should storm Congress about extending?  Thanks for the post and continued success to you!  Suggest.

Nov 12, 2011 02:46 PM
Eric Crane -- Your Full Service, Discount Fee Realtor®
DPR Realty LLC - Gilbert, AZ
Greater Metro Phoenix Arizona

Hi, Wendy -- good post and you are right to suggest that homeowners seek out advice.  When I get called by someone regarding the possibility of a short sale listing, the first thing I have them do is to sit down with a local attorney regarding their various options and the pro's/con's, tax liabilities, etc.  Knowledge is power.  Have a great Sunday, Eric ^0-0^

Nov 12, 2011 02:50 PM
Carlotta Remong
Berkshire Hathaway HS N.E. Prime Properties - Newport, RI

Wendy hopefully the Mortgage Debt Relief Act will be extended because it is the right thing to do in the current situation.

Nov 12, 2011 03:02 PM
Ted J. Macy
Top Agents Atlanta Metro - Milton, GA

Wendy, I wonder when all of these bailouts will no longer be required? At the rate we are going, soon the vast majority will be equal, euqally broke.

Nov 12, 2011 04:18 PM
Barbara-Jo Roberts Berberi, MA, PSA, TRC - Greater Clearwater Florida Residential Real Estate Professional
Charles Rutenberg Realty - Clearwater, FL
Palm Harbor, Dunedin, Clearwater, Safety Harbor

This is good information for everyone having difficulty with their mortgage.

Dec 03, 2011 01:43 AM