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IRS and Foreclosures. Information that you need
May 16th, 2008 9:32 AM
IRS Forgives Until December 31, 2009
Thursday, May 01, 2008 - By Thomas M. Mitchell

f being in default and the threat of foreclosure aren't troubling enough, the thought of the IRS coming around after the fact is sure to keep sellers up all night.  They have all heard the stories of being tracked down by the tax man to pay taxes on “forgiven debt.”  To them it’s like a bad dream turned into a nightmare, all summed up and justified by a bunch of letters and numbers.  But not every code section is necessarily a 4 letter word.

Code Sec 108(a)(1)(B),(C) – better known as 1401, means everything to some homeowners in today’s market … but it only has meaning in light of HR 3648.  Then again, Section 163(h)(3)(b) is really the key to the whole thing.  Make sense to you?

It doesn’t to your homeowners either.  Staring foreclosure in the face they want to know if there is anything they can do.  Can you sell their house before the deadline?  In most cases your answer would be no because they are completely “upside down” but there are cases in which a short sale could work.  And when you broach that subject one of the first questions they may ask is “what is our tax liability if we agree to a short sale?” 

While the correct response is that you are neither a tax lawyer nor a CPA, you need to be able to let them know that if they qualify there are some options that may resolve that issue.  And it all ties back to December 20, 2007, when President Bush signed into law a new measure giving tax breaks to homeowners who have mortgage debt forgiven.  With the passage of the Mortgage Forgiveness Debt Relief Act of 2007, a taxpayer does not have to pay federal income tax on debt forgiven for a loan secured by a qualified principal residence. 

Why is this so important?  In most instances,  debt that is forgiven or cancelled by a lender must be included as (ordinary) income on the seller’s tax return and is taxable.  There are a number of terms within the bill that are central to the issue, such as “Acquisition Indebtedness” – and you need to know them. 

And don’t forget December 31, 2009.  That’s the date when this tax break expires.  It only applies to debts discharged from January 1, 2007 to December 31, 2009.  And tell your sellers that “being insolvent” as a result of bankruptcy doesn’t count.  The Short Sale is a powerful tool in the hands of a qualified real estate professional.

posted by Belinda Arroyo 5/16/08

Posted by Belinda Arroyo on May 16th, 2008 9:32 AMPost a Comment (0)

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Buying a Foreclosed Home- What you Need to know
May 7th, 2008 11:40 AM
 
By Jeff Cox, Special to CNBC.com | 
There are thousands of Americans losing their homes every month, and banks eager to recoup some of their losses, this is perfect time to buy a foreclosed property--if you know what you're doing.

David Zalubowski / AP

The foreclosure market offers a slew of temptations, the most alluring and basic being the opportunity to get a great house at a low price.

But the road to that new cut-rate luxury McMansion is fraught with landmines. They include undiscovered liens, daunting maintenance issues and even the potential to overpay that makes the process one to enter only with eyes wide open and a team of experts close at hand.

The Three Stages of Foreclosure (click here)

"I'm seeing millions of dollars of defaulted paper coming onto the market on a daily basis and this would probably be about the best time for anyone to buy either a foreclosed home or a non-foreclosed home, depending on the city you're living in," says Steve Hochman, president of Friendly Note Buyers and author of "How to Sell Your Real Estate When Real Estate is Not Selling."

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CNBC Special Report:

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Foreclosures -- when banks or lenders actually take possession of the property -- have been soaring over the past year. The states with the biggest foreclosure rates include economically depressed areas like Ohio, Indiana and Michigan, as well as those where the housing boom was biggest: California, Florida and Nevada. 

"There are some places such as Florida that are in a desperate situation that can't possibly come out of this problem for at least five years," Hochman says.

The way to capitalize on the trend is through basic diligence. Making sure you do your homework before going to an auction or approaching a bank that has foreclosed on a home -- the two principal ways to acquire such properties -- makes all the difference in how successful the experience will be.

A basic checklist:

  • Foreclosed properties are part of the public record, and newspapers of general circulation periodically publish a list before they go up for sheriff's sale. Watch the notices closely for properties near you. Word of mouth also can be a big advantage and allow you to get a jump on anyone else interested in the home.
  • There are various Web sites that can help locate foreclosed properties, but most require a fee. Foreclosures.com, for instance, charges $49.95 a month, while foreclosuredeals.com charges $39.95 a month.
  • When identifying a home you'd like to purchase, check out other properties in the area. What's the going rate?
  • Hire a home inspector. Even the best-looking properties can have problems that range from poor heating and ventilation to a cracked foundation. Know what you're getting into.
  • A real estate attorney also is advisable in order to make sure the title is clear. In states that have deed of trust laws, buyers should get a writ of possession ensuring that the previous owners cannot re-enter the home.
  • If you choose to hire a Realtor, make sure it's someone who's not afraid to get in the pits and fight. Hochman advises that even a bank's so-called final offer probably isn't really the lowest price it will take. "I think that the most common error is not offering a low enough price," he says. "The banks are in no position to hardball. They need to get rid of it. The impact on the bank is more than the public sees or generally understands."
  • Visit a bank and get pre-qualified so you know what you can afford.
  • In the current market climate, most pros agree that this is not the time to buy a house to flip because real estate prices aren't likely to go up significantly anytime soon. Bidders instead should be seeking a place to live. Hochman does feel, though, that the steep dropoff in prices will stop by June.

Know Your Neighborhood

Of course, every market is different, and knowing your own region,locality is important.

posted by Belinda Arroyo 5/7/08


Posted by Belinda Arroyo on May 7th, 2008 11:40 AMPost a Comment (0)

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