Look at your options before deciding what to do.

Homeownership isn't always a happily ever after story. There are times when owners can no longer meet their mortgage obligations. In this case, there are several options.

One is foreclosure. In this scenario, buyers have a grace period where they can stay in the home and try to make good on their outstanding debts. Eventually, if they are unable to reverse their current course, the bank or lender will evict the owner, reclaim the home and place it on the market for sale.

A second, lesser-known option is called a short sale. Here the lender agrees to take a loss on the home in exchange for recouping most of what is owed to them. In other words, if you owe $90,000 on your mortgage, your bank may agree to take $80,000 and consider the debt paid. The benefit for the lender is that the case is expedited and closed without the added expense of a foreclosure proceeding. Of course the seller would not see any profit from the sale.


If you find yourself in such a position, research the short sale option further. Start by using online resources to learn about the agreement. If you think it is feasible for you, consult with your lender and a real estate attorney who is familiar with this arrangement

Also, it is very important that you understand the tax implications in a short sale. While the lender may be willing to accept less than what it is due, the government will consider the debt forgiveness as income and a taxable gain. Speak with a certified public accountant that is well-versed in this area.


When you closed on your home, you surely did not envision yourself in this situation. Unforeseen circumstances, such as a job loss, can put you in a position you never imagined. It is imperative that you look at all options, including bankruptcy, foreclosure and the short sale before you select the one that will work best for you.

 

5 Comments on Look at your options before deciding what to do.

Good advice, Earl.

With the Mortgage Forgiveness Debt Relief Act (HR 3648) that Bush signed the end of Dec. 07 the IRS cannot tax you on a purchase money loan. BUT it looks like HR 3648 does not apply to HELOCs which a lot of people got on their homes (unless it was for purchase).

I refied out of my original loan into...... a Negative Amortization loan and a HELOC so I could fix up the house to sell when I realized I needed to let go of this money pit. With a short sale I may still have to pay taxes on the "phantom  income". I think the only way out is to file for bk. If anyone know the answer to this I would appreciate the info. It would benefit all us realtors in this market to know the answers. I do know it's important to talk with an attorney on this but the rules are changing so quickly, not all of them know what's up.

01/02/2008 11:01 AM by Kathy


Kathy, please expand upon, "BUT it looks like HR 3648 does not apply to HELOCs which a lot of people got on their homes (unless it was for purchase)."

I fail to see where in the new law there is a differentiation between the debt forgiveness resulting from first or second mortgage shortfalls.  HELOCs are, of course, junior mortgages.

01/03/2008 06:29 AM by David Petrovich (S.P.O.C.H. a 501c3 Charitable NP)


The HR 3648 from what I have read applies to only "purchase money loans". It does not apply to HELOCs/ refis w/ cash money out... Read the info on the following link for a better explanation by a Calif. Bankruptcy Attorney

 

http://www.sandiegopredatorylending.com/

01/03/2008 03:10 PM by Kathy


Thank you.  I've read the link you provided three times. This warrants more research.  Thank you, again.

01/04/2008 07:49 AM by David Petrovich (S.P.O.C.H. a 501c3 Charitable NP)


David and Kathy, I thank you so much for giving me more to do, and more research.  You have to talk to a good real estate attorney.  Just any old attorney won't do.  Talk to an attorney your broker recommends.  I will have to check our the site you metioned Kathy.  Thank you. 

01/04/2008 11:40 AM by Earl "The Pearl" Sorrells-Palmdale, Rosamond, Lancaster (Coldwell Banker Hartwig)


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Real Estate Agent: Earl "The Pearl" Sorrells-Palmdale, Rosamond, Lancaster (Coldwell Banker Hartwig)
Earl "The Pearl" Sorrells-Palmdale, Rosamond, Lancaster
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