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Don't look back! The IRS could be on your heals.

Reblogger Bo Kociuba
Real Estate Agent with McGraw Realtors

This morning I read a very interesting article about forgiveness of the mortgage debt - like a foreclosure, short sale, HELOC (home equity line of credit). The post reminded me of this particular law, however, I think that a lot of people don't know of its existence.

 

 

Original content by Deb Brooks

So you gave up to Foreclosure? The IRS may be on your heals!IRS

If you are one of the thousands of homeowners that felt relief by allowing their homes to
become foreclosed on your relief may be short lived. Many of us became wrapped up in the
ability to use our homesteads as ATM machines and the banks were fine with it. Now, after the
money is spent and debt is rising you find that your home is not worth the amount you have
in it. Yikes! The job market has tightened and you may have even lost your livelyhood.

Or, you had a line of credit with the bank based on the equity in your home. You took a little
vacation, paid off a few bills, had a great December Holiday and "poof" your line of credit
was maxed out. Now you need to sell but can't get the amount owed on your property.

All this adds up to a potential foreclosure. Your bank may have accepted a lesser amount for
the sale of your home and may have FORGIVEN the balance of the note that was not paid. Yea!

Thank you friendly bankers. You knew we were trying and you have forgiven us.

You can opt to allow foreclosure or may be forced into it due to lack of funds. When the
house is gone you may feel better but the relief could be short lived.

Don't look back! The IRS may be following you to add to your debt...they will make you pay.

If you sold your home at a loss of 25% on a $100,000.00 debt the IRS would consider the amount
of the difference owed as income. Yes, Income.

The congress passed a bill in 2007 to
include forgiven debt without tax to mortgage loans.


That's the good news but here's the kicker.

Let's hope you used your EQUITY LOAN wisely.

This forgiveness only applys to the cash out that
went directly into the improvement of your property.


If you did go on a spending spree with vacations, cars, boats, or anything that did not
physically improve the property Uncle Sam will be at your doorstep.

You will have to pay the IRS on the borrowed money as if it were income.

If you took a home equity line of credit  let's hope you bought carpet and countertops.

Any purchase other than a home related purchase will be taxed as income.

If you lost a property other than your homestead such as an investment property or vacation
or getaway property you will be paying too. Your only loophole here is if you can prove that
you lived in the said property for a minimum of two years.

Anyway, thanks for the forgiveness to the homeowners that actually TRIED to improve their homes.
Total forgiveness is a blessing...

but...

even that forgiveness is due to change in 2012.

When you ask, "gee, can it get any worse?"                                 Thank you Stu!

The answer is YEP!

 



Brooks Prime Properties

Specializing in Lake Properties

Lake Livingston Texas

936-295-0005

Posted by

About the Author:

The above information was provided by Bo Kociuba, Realtor and a long time resident of Canadian County, Ok. As Broker’s Associate Bo helps people sell & buy homes in Oklahoma City Metro. She works together with her partner, Buster Elliott. .Bo and Buster are multi-million producers with over 50 years combined real estate experience. 

Bo loves photography and is an avid supporter of shooting sports. 

Bo@BestOklahomaHomes.com |405-812-1572.

We serve OKC Metro Areas: Yukon, Mustang, Bethany, Piedmont, Tuttle, Blanchard, Edmond, Oklahoma City and Moore.

We specialize in Residential & Commercial Real Estate, Ranches & Recreational Land.

 

 

 

 

  

 

Adam Malachi
A 2 Z Realty LLC - Castle Rock, CO
QSC,CDPE,CIPS,CNE,CRB,CRS,GRI,MRE,SFR

Excellent post! That's very true when it comes to the IRS!

Thanks for sharing!

Adam

May 05, 2010 10:03 AM
1~Judi Barrett
Integrity Real Estate Services 116 SE AVE N, Idabel, OK 74745 - Idabel, OK
BS Ed, Integrity Real Estate Services -IDABEL OK

Hi Bo,

Came by to check on you and see what you've been up to.  Hope business is good.

May 07, 2010 04:28 PM
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Bo, it has certainly helped the short sale business where you can't be assessed a phantom incime on the mortgage loss. It is a rule that has existed for a long time and it forces many into bankruptcy rather than settle on debt, not just from loan loans or home equity, but also business loans. I hope at some time it is reconsidered for a permanent fix.

May 13, 2010 02:49 AM