Underwater but want to move up to a better place?

By
Industry Observer

Underwater but want to move up to a better place?

There is a half generation of homeowners who want to move up to a place that fits their current situation better.  Many couples who bought two bedroom town house and condos in the mid 2000's are now growing families of four or five.  They are not deadbeats, and they can afford their monthly payments, even more.  They just can't sell their homes and buy another because of declined values to their current home.  Many of them are considering alternatives to their current living arrangements.

Some folks have decided to just remain in their overcrowded and not family friendly homes.  Some have decided to just walk away and give up completely on home ownership.  Some have decided to become renters while also becoming landlords.  They'll rent their home out while renting something more suitable for their needs.

There are considerations that need to be addressed before finalizing a decision to become a renter-landlord.  Affordability is the first thing people often consider.  Will the rental income cover all or most of the expense of continuing to own the home?  But, there are other things that come into play also. 

If your home is transformed to income property, there may be some tax considerations, some good and some not so good.  While most people consider that tax benefits of owning income property are attractive, there may be some tax hazards.  What if the rental turns into a failed business venture, and you need a short sale or lose the property through foreclosure?  Do the same rules about debt forgiveness and their tax consequences apply to investment property as homestead property?  Are there differences in the way deficiency judgments are made and/or collected?

I don't know the answers to these questions, and I don't even know all the questions.  Before becoming a renter-landlord, do yourself and your family a huge favor.  Consult a real estate attorney and a qualified tax consultant.  They will charge you what may seem a lot, but it will be well spent.

Posted by

 Mike Carlier  Lakeville, MN

 

612-916-3033

 

Comments (4)

Chris Ann Cleland
Long and Foster REALTORS®, Gainesville, VA - Bristow, VA
Associate Broker, Bristow, VA

Fantastic advice, Mike.  Like you, I don't know all the questions to ask either, but when you get with an attorney or tax person that knows this stuff inside and out, you don't even have to know the questions.

Nov 06, 2011 01:47 AM
Will Nesbitt
Nesbitt Realty at Condo Alexandria - Alexandria, VA
Nesbitt Realty is a family-run brokerage.

Great advice Mike, very useful information to have.

Nov 06, 2011 07:46 AM
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Mike -- you present a situation that has surfaced over the last couple of years with the uncertainty in many real estate markets.   It's always best to ask the appropriate professional for answers when they are outside of field of expertise.  

Nov 07, 2011 04:43 AM
Mike Carlier
Lakeville, MN
More opinions than you want to hear about.

Here's a good question to ask a tax professional before transitioning your home to income property, "If things don't work out and I end up with a short sale or losing the property to foreclosure, do I have to declare any written-off debt as income? Is it different if the home is my personal residence?"

Nov 07, 2011 05:04 AM

What's the reason you're reporting this blog entry?

Are you sure you want to report this blog entry as spam?