And yes foreclosure is included in this situation. The banks determine when a foreclosure takes place which leaves homeowners at the banks discretion (not a good place to be these days). You cannot force the bank to do what they have complete discretion to do. The banks move at their own incredibly slow pace.
But the point that sometimes gets ignored is that the debt forgiveness tax applies to a borrowers first mortgage when a foreclosure occurs. And worse if there is a second mortgage the bank can sue the borrower after the foreclosure for the full amount of the second mortgage. This is very painful for most people who have been foreclosed on to face – you owe the IRS money and your second mortgage lender can sue you!
Will there be a short sale tax forgiveness extension for 2013? will the mortgage debt relief act of 2007 will end this year? this question are becoming more relevant as the end of the year approaches, as far as the short sale tax forgiveness extension for 2013 I am not sure what will happen, this one thing I know as soon as the law goes ether way I will be posting about it.
Needless to say YOU NEED A LEGAL consultation if any of the above makes you concerned. Do not talk to a real estate agent – you need professional legal and tax advice! There are options to avoid the IRS man knocking on your door. A full legal consultation is what you need now. Don’t wait!
If you have any questions or concerns about your own personal situation I would be happy to give you a FREE one on one legal consultation. You can call me at 877.442.4577 or send me an email at firstname.lastname@example.org or just visit my website www.upsidedownca.com.
California Attorney and
licensed Real Estate Broker