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Realtor Call to Action – Forgiven Mortgage Debt Tax Exemption Expiring

By
Real Estate Attorney with THE ZARETSKY LAW GROUP - Board Certified Real Estate Atty and AUTOMATED LAND TITLE COMPANY

The NAR has put out a CALL TO ACTION regarding the expiration January 1 2013 of the Mortgage Forgiveness Debt Relief Act of 2007.  Every Realtor should take a stand, voice their concern and get Congress and the President to work on this immediately after Election Day.

The Foreclosure Relief Act expires naturally at the stroke of 11:59:59 PM December 31, 2012 which means any short sale closings, deed in lieu of foreclosure, mortgage modifications with principal forgiveness and foreclosures with waivers of deficiency, that occur (that means it closes, or is signed off by the lender) on or after January 1, 2013 will likely incur ordinary income tax on the borrower.  The Act was discussed in my blogs, MORTGAGE RELIEF ACT - CHRISTMAS PRESENT TO PRIMARY HOMEOWNERS, and Mortgage Forgiveness Debt Relief Act of 2007- Another Look, and SHORT SELLER STILL MUST DECLARE INCOME ON SALE!.

The failure to act to extend the tax relief will surely increase the amount of bankruptcy filings (a bankruptcy before the forgiveness of the debt makes the forgiveness moot, since the bankruptcy wipes out or reduces the debt, therefore there is nothing to forgive, and therefore no income). Bankruptcy filings increase the likelihood of the borrower walking away from the overleveraged home, etc., etc., etc.

Here is a video by NAR President Moe Veissi – check it out and make your vote count.

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© 2012 Richard P Zaretsky, Esq.

Be sure to contact your own attorney for your state laws, and always consult your own attorney on any legal decision you need to make. This article is for information purposes and is not specific advice to any one reader.

Richard Zaretsky, Esq., RICHARD P. ZARETSKY P.A. ATTORNEYS AT LAW, 1655 PALM BEACH LAKES BLVD, SUITE 900, WEST PALM BEACH, FLORIDA 33401, PHONE 561 689 6660 RPZ99@Florida-Counsel.com - FLORIDA BAR BOARD CERTIFIED IN REAL ESTATE LAW - We assist Brokers and Sellers with Short Sales and Modifications and Consult with Brokers and Sellers Nationwide! Shortsales@Florida-Counsel.com New Website www.Florida-Counsel.com.

See our easy to find articles at TABLE OF CONTENTS - SHORT SALE AND LOAN MODIFICATION ARTICLES

Karen Fiddler, Broker/Owner
Karen Parsons-Fiddler, Broker 949-510-2395 - Mission Viejo, CA
Orange County & Lake Arrowhead, CA (949)510-2395

I have to believe that this is going to be extended, but I'd feel better if they would just do it.

Nov 06, 2012 02:31 AM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

I guess this is going to depend on the outcome of the election.  We will have to see what happens on this issue.

Nov 06, 2012 03:50 AM
Sharon Parisi
United Real Estate Dallas - Dallas, TX
Dallas Homes

Richard this is important information for homeowners and all citizens.  Thank you for helping to get the word out so that we can take action.

Nov 06, 2012 04:02 AM
William Johnson
Retired - La Jolla, CA
Retired
Hi Richard, I fundamentally disagree with the principle that mortgage relief should be taxed as real income in the first place. A better way to do this would be treat it as an interest free loan to the extent of the actual lose of Federal revenue and have the resulting tax due paid interest free over 10,15,or 20 years depending on the amount. This way over time the tax revenue will be collected, and the homeowner can earn their way out of it over a longer period of time.
Nov 06, 2012 04:11 AM
Debra Chiarello
Retired
Deb Chiarello

This will depend on the election.  Likewise, the "Bush" tax cuts. Only 1 candidate wants us to keep more of our hard-earned income.

Nov 06, 2012 04:16 AM
Michael Blue
Home Smart Realty West - Encinitas, CA
REALTOR - 760-889-8877, Encinitas/Carlsbad

This was mass emailed to all CB agents in SoCal.

Nov 06, 2012 04:31 AM
Pattie Zanders
Bennett Realty Solutions - Greenbelt, MD

Goog cal for action that will benefit our clients.

Nov 06, 2012 04:46 AM
Richard Zaretsky
THE ZARETSKY LAW GROUP - Board Certified Real Estate Atty and AUTOMATED LAND TITLE COMPANY - West Palm Beach, FL
Florida Real Estate Attorney

Link now fixed to the Mortgage Debt Relief Act of 2007.  Thanks for th heads up - must have just gone down today.

Nov 06, 2012 06:09 AM
Wayne Johnson
Coldwell Banker D'Ann Harper REALTORS® - San Antonio, TX
San Antonio REALTOR, San Antonio Homes For Sale

Richard-There are lots of Bills that should have expiration dates on them but they live on. This seems like it should be extended but it has a termination date. Go figure.

Nov 06, 2012 08:21 AM
Melissa Brown
Helen Adams Realty - Charlotte, NC
Realtor - South Charlotte NC Homes for Sale

I think it would be really unfair for homeowners after the deadline if this debt forgiveness is not extended.  The homeowner who completes the short sale before 12/31/2012 will have mortgage forgiveness on the shortfall, but not the homeowner who sells after 1/1/2013?

Nov 06, 2012 08:27 AM
Bob Marshall
Home Smart Ion Real Estate - Lynnwood, WA

Richard, this is very timely, since there are still a lot of underwater homes out there.  If the exemption does not increase, this will provide a hardship on many good people who just got caught up in a mess.  Politics aside (even though it is election day), it will be interesting to see whqat either side will come up with now.  I am also a CPA and Real Estate Broker and have a small tax practice.  I have had a number of taxpayers who had short sales and were able to exempt the reduction in principal which would have been includable in income.  One client had a 1099-C for $179,000.  To include that in income would not be very good for him, since he did not qualify under the insolventcy exclusion.

Let's hope they correct this problem before the end of the year.  But, I feel, they will probably wait till 12/31 to pass some kind of extension.

Nov 06, 2012 09:00 AM
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

The extension of this specific tax forgiveness has nothing to do with whoever wins in the election. It has to do with Congress being willing or not to help people who have lost their homes. Hitting the former homeowner with a monstrous tax bill after they have lost their home to foreclosure or short sale is not the way in which the Congress or any politician ought to seek to cure our national debt.

Nov 06, 2012 11:09 AM
Hella Mitschke Rothwell
(831) 626-4000 - Honolulu, HI
Hawaii & California Real Estate Broker
Let's hope they extend it. There should not be different rules for those losing their home.
Nov 06, 2012 03:29 PM
Kay Van Kampen
RE/MAX Broker, RE/MAX - Springfield, MO
Realtor®, Springfield Mo Real Estate
This will be a major problem if they do not extend the Mortgage Debt Relief Act. I can see many sellers letting their home go to foreclosure instead of completing a short sale.
Nov 06, 2012 10:15 PM
Gary L. Waters Broker Associate, Bucci Realty
Bucci Realty, Inc. - Melbourne, FL
Eighteen Years Experience in Brevard County

My guess is it will be extended.  No one would want an increase in bankruptcies and to not extend it will squash the market which seems to be attempting a recovery!

Nov 07, 2012 12:10 AM
Dana Hollish Hill
Hollish Hill Group, JPAR Stellar Living - Bethesda, MD
REALTOR * Broker * Coach

Seems to be a lot of disagreement here about what should be done. Not sure how many homeowners are going to be affected by this, but it seems to need a little more attention. Thanks for the informative links to your more thorough blog postings.

Nov 07, 2012 02:39 AM
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI

I'm in the group that wants to extend it. The Banks got help. The public needs help.

Nov 10, 2012 04:07 AM
Dave Halpern
Dave Halpern Real Estate Agent, Inc., Louisville, KY (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

If it does not get renewed there will be many ripple effects;

1. The number of bankruptcies will skyrocket

2. Banks will lose more money as homeowners will stay in the houses longer while the bankruptcy takes place.

3. The benefit of doing a short sale will diminish, causing more foreclosures in the economy.

4. A resulting spike in foreclosures will decrease market values of surrounding properties.

5. Americans who will not or cannot file bankruptcy will be saddled with massive tax debts which could cause judgments, wage garnishments and more.

I could go on describing more ripple effects, but these listed are depressing enough.

Nov 10, 2012 12:27 PM
Anonymous
Attorneys Info

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Feb 15, 2013 10:41 PM
#89
Anonymous
Michael Harbert

Just as a follow up... it is December 2014, the tax relief was extended thru 2013 ending 12/31/13... Now for the first 11 months and a week it has been EXPIRED and homeowners and Realtors acted upon that law or lack thereof... Short Sale Forgiveness of debt = imputed income. Advise was given to avoid this to include bankruptcy or full foreclosure (in a non-recourse state) BUT now out of nowhere comes in the extension of the Act thru once again 2014 and making all transactions retroactive back to Jan. 2014....

Dec 12, 2014 02:54 AM
#90