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MORTGAGE DEBT CANCELLATION RELIEF, Send SidCo your Short Sales

By
Services for Real Estate Pros with SidCo Property Solutions

  

MORTGAGE DEBT CANCELLATION RELIEF

H.R. 3648 - Public Law 110-142

Signed December 20, 2007

  

Summary: Generally, individuals who are relieved of their obligation to pay some portion of a

mortgage debt on a principal residence between January 1, 2007 and December 31, 2009 will not

be required to pay income tax on any amount that is forgiven.

 

Background: A fundamental principle of the income tax is that a taxpayer must recognize

income and pay tax any time a debt of the taxpayer is forgiven or discharged. Exceptions are

provided in several circumstances, including bankruptcy, insolvency (as defined by state law)

and for some investment real estate. Until this new rule was enacted, however, no exception

applied to any amount debt forgiven on a mortgage for a taxpayer's principal residence. Thus,

until now, when some portion of a mortgage debt was forgiven, that amount has been treated as

taxable income and the borrower has been taxed at ordinary income rates on the forgiven

amount, even though there is no cash.

 

The newly-enacted relief for mortgage debt forgiveness is Congress's response to the problems

generated by the subprime crisis, short sales, rising foreclosure rates and price corrections in

some markets. Thus, when a lender forgives some portion of a borrower's mortgage debt in a

short sale, a foreclosure, a workout with the lender or some similar circumstance, the borrower

will not be required to recognize income or pay tax on the forgiven amount. This relief applies

to debts forgiven between January 1, 2007 and December 31, 2009.

 

Provisions: General.

  • No income limitation: All borrowers receive the relief, no matter what their income.
  • Dollar limitation: No more than $2 million of mortgage debt is eligible for the exclusion

($1 million of debt for a married filing separately return).

  • Relief applies only to an individual's principal residence.
  • The forgiven mortgage debt must have been secured by that residence.
  • No relief is available for cash-outs, whether the cash-out takes the form of a refinanced

first mortgage, a second mortgage, home equity line of credit or similar arrangement.

  • Eligible debt is what is called "acquisition indebtedness." This is debt used to acquire,

construct or rehabilitate a residence.

  • Refinanced debt qualifies, so long as the debt does not exceed the original amount

of the debt. (Same rule as Mortgage Interest Deduction)

  • Home equity debt (or second mortgages) qualifies if the funds were used to

            improve the home. (Borrower must have adequate records, as under current law.)

  • See cash-outs, above. No amount of a cash out may be treated as acquisition debt.

 

 This is awesome news. We can help negotiate all short sales for you!

There is an application for your clients on our web site www.sidcollc.com