Dear Deborah .....I need to Short Sale my Home but do I have to Pay Back the Tax Credit?

By
Real Estate Agent with Keller Williams Realty Boise Idaho SP20114

Dear Deborah

We purchased our home in 2010 in Nampa Idaho....we were fortunate enough that we qualified for the $8000 tax credit.    Now my husband has lost his job and has been unable to find any work.   

We think we better sell our home rather than let the bank take it in foreclosure....but we have a problem....

What do we do about the tax credit?    We know that we have to pay it back if we live there less than 3 years....we don't have $8000 to pay it back.    We know we can't sell our home for what we bought it for.   

Please help....

Desperate!

 

Dear Desperate

I am so sorry to hear about your troubles....

I have done a little bit of research for you ......Talking to an accountant we have discovered that it will depend on the tax credit you received.   The document that we found states that if you do not make anything on the sell of your home then you will not have to pay back your Tax Credit.   

What i recommend is talking to your accountant to verify that this is true for the Tax Credit that you received as there were several that folks received.  

We should be able to sell your home and negotiate with your lender to do a short sale on your home.   Many times the banks will take less than what you owe and wipe out the rest of the loan....or at the very least only require you to pay back a portion of the balance.

Lets schedule a time to meet and go over your options! 

Deborah....The BzyBee Real Estate Lady

Posted by

Bzybee Logo

Deborah Byron Leffler   SFR, PMN "The BZYBEE REALTOR"

Keller Williams Realty Boise

Serving All of Boise, Nampa, Meridian, Eagle, Caldwell, Marsing, Wilder, Homedale and Middleton

Comments (8)

Susan Neal
RE/MAX Gold, Fair Oaks - Fair Oaks, CA
Fair Oaks CA & Sacramento Area Real Estate Broker

Hi Deborah - The very best financial advice you can give is torefer them to their own financial advisor.  Even though I am an attorney and a broker, when someone is considering a short sale, I do not want to give them legal advice.  I have an attorney I trust to be honest with them and I suggest that they consult him if they don't have their own attorney.

Dec 01, 2011 02:47 PM
Deborah Byron Leffler BzyBee Real Estate Lady!
Keller Williams Realty Boise - Nampa, ID

Susan...so very important for folks to consult attornies and accountants!!

Dec 01, 2011 02:53 PM
Rose King
David Tracy Real Estate - Friendswood, TX
Friendswood / Pearland / Houston Bay Area

Hi Deborah! The tax credit issue is beginning to pop up. I have a former client who called me recently saying she wants to sell her house, but will have to wait because of the tax credit she received. It's good to know how to best advise those clients! 

Dec 01, 2011 02:57 PM
Dagny Eason
Dagny's Real Estate - Wilton, CT
Fairfield County CT, CDPE Homes For Sale and Condo

Very interesting!    I have several clients who may be calling soon with this scenario...

Dec 01, 2011 03:17 PM
Sidney Kutchuk - Realty Works Temecula Kutchuk - Realty Works Temecula
Realty Works Temecula - Temecula, CA
Realty Works Temecula

Deborah:  Unfortunately, there are many "Desperadoes", out there!  Your suggestion to speak to a CPA is the best advice!

Dec 01, 2011 03:24 PM
Deborah Byron Leffler BzyBee Real Estate Lady!
Keller Williams Realty Boise - Nampa, ID

Rose....I know it is coming up more and more....one agent in our office has a client who is being re-located so they will have to short sale too...

Dagny....always good to have information!!!   

Jane...absolutely they need to talk to their personal accountant and or attorney!    Every case is different! 

Dec 01, 2011 04:00 PM
The Scott Loper Team Bux-Mont Premier Properties
Keller Williams Real Estate - Montgomeryville - Lansdale, PA

Hi Deborah,

That would be a tough pill for any seller to swallow - paying back that $8,000.  But I am pretty sure that you are right and if they don't make a profit, they don't have to pay it back.  But talking to a professional CPA is the best bet to cover their bases.

Lisa

Dec 02, 2011 01:24 AM
Deborah Byron Leffler BzyBee Real Estate Lady!
Keller Williams Realty Boise - Nampa, ID

Lisa...it would be tragic....I hope many who are in distressed situations don't have to pay it back! 

Dec 02, 2011 01:31 AM

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