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Northern Virginia Short Sale Quiz: Question #7

By
Real Estate Agent with Long and Foster Real Estate VA License # 0225089470

Northern Virginia Short Sale Quiz:  Question #7

Sometimes I feel like a caped crusader in the fight for a true understanding of what a Northern Virginia Short Sale is and how it works.  Not only do buyers and sellers have a hard time understanding the ins and outs of a Short Sale, but so do real estate agents who have little to no experience with them.  As a fun way to get some misunderstandings on the subject cleared up, I've created this Northern Virginia Short Sale Quiz.  We've already have question #1, question #2, question #3, question #4, question #5 and question #6.  So if you've missed those, please take your time and click the links to start testing your Short Sale knowledge.

Now on with the next Northern Virginia Short Sale question.

A Short Sale Agent is working with three Short Sale Sellers in the summer of 2012.  Each will go to settlement before the end of November 2012 and the mortgage companies are forgiving the outstanding balances.  As their agent, she needs to advise each of them to seek legal and tax advice as Short Sales can carry undesirable consequences. Her clients in a nutshell are as follows:

Joe is selling a home that he has lived in since 2007.  He owes $300K on a first trust and $75K on a second trust.  The net proceeds of the sale his home are going to be $330K.  His first trust was used to purchase the home and the second trust was used to add a $40K deck to it and put a $40K down payment on an investment property that he lost to foreclosure last year. 

Ray & Rachel are selling a home they purchased, and lived in since 2010.  Their mortgage balance leftover from the purchase of the property is $200K and the net proceeds of the sale will be $190K.

Bob & Jane are selling a home they have lived in since 2004.  They have two mortgages, one was used to purchase the home, the second was used to buy their much desired sailboat and pay for their various trips in the boat.   The net proceeds of the home are $300K.  The first trust principal balance is $400K and the second trust principal balance is $100K.

Susie is selling a home that her sister lived alone in since 2000.  Susie co-signed for the loan as her sister didn't qualify for the loan on her own.  Her sister passed away six months ago.  The loan balance is $150K and the proceeds from the sale of the home will be $120K.

Which of these clients is NOT exempt from tax ramifications of the Short Sale under the Mortgage Debt Forgiveness Act

A) All of the above

B) None of the above

C) Ray & Rachel

D) Joe, Bob & Jane and Susie

E) Bob & Jane and Susie 

The answer will be posted tomorrow in the comments.

To go to Northern Virginia Short Sale Quiz:  Question #8, click the link provided.

 

Comments(6)

Kim Sellers
Lake Arrowhead, CA Coldwell Banker - Lake Arrowhead, CA
Lake Arrowhead Realtor - BRE#01412099 - Lake Arrow

Great post to help others understand the process of a short sale.

Mar 04, 2012 03:25 AM
Satar Naghshineh
Satar - Amiri Property and Financial Services Corp. - Irvine, CA

Tough one, but I will have to choose E.

Mar 04, 2012 04:01 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

The answer is D.  Here's why. 

The Mortgage Debt Forgiveness Act allows for the exemption of paying income tax on the forgiven mortgage debt if you meet two criteria.  1)  The home you sold was your principal residence and 2) the mortgage debt forgiven was used to purchase or enhance the home.

In the scenarios above, Joe took out an $80 home equity line, but only used $40K of it to improve the home. The other he used to purchase an investment property so he doesn't meet the second part of this.  His first trust gets paid entirely leaving $30K to pay for the $80K home equity.  And since $40K was used for purposes other than improving his principal residence, he definitely needs to seek professional tax advice on mnimizing this taxable event.

Ray & Rachel sold their primary residence and they only had the mortgage they purchased the home with.  They qualify for the exemption.

Bob & Jane are in a scenario like Joe.  They are selling their primary residence, but not all of the debt they are forgiven was used to buy or improve their home. 

Susie isn't exempt from being taxed as the home she was as co-signor for was not her primary residence.  Co-signing for a home in this instance would be viewed as an investment.

Mar 05, 2012 02:35 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Kim:  Short Sales have many implications to the Seller so it is important for them to hire someone who knows when they absolutely must seek tax or legal advice.

Satar:  It was a tough one and I did try to trick everyone. 

Mar 05, 2012 02:49 AM
Pamela Stangler
eXp Realty - The Stangler Group - Cudjoe Key, FL
Florida Keys

Yes, you used the "NOT" on me, so once I figured out what answer I was looking for I was confident that I knew the answer.  Active Rain is such a great site to learn (or test) Real Estate knowledge.  Thanks!

Mar 09, 2012 03:29 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Pam:  You are clearly a good test taker.

Mar 09, 2012 10:49 PM