Welcome to the New RealTown! Submit Feedback
Member Login | Join RealTown
The Real Estate Network

Kelli Grant is Your Scottsdale-Phoenix Arizona Realtor

Blog by Kelli Grant
Scottsdale, Arizona

Community and real estate updates with a focus on the Phoenix, Arizona Metropolitan Area

Subscribe

Your E-mail Address:
Subscribe to:

Recent Comments

RE: Buying a New House Before Foreclosing
I have a home in the bay area that I bought in 200...
RE: Buying a New House Before Foreclosing
I'd be interested in hearing someone's take on thi...
RE: Buying a New House Before Foreclosing
What about people who are upside down on their mor...
RE: Buying a New House Before Foreclosing
@ real life home owner (kavat) There in lies the...
RE: Buying a New House Before Foreclosing
Tough it out?? All I know is I put $60,000 down on...

Kelli Grant is Your Scottsdale-Phoenix Arizona Realtor

Mortgage Forgiveness Debt Relief Act of 2007

Feb. 19, 2008
Categorized in: Financial

Just a little reminder as I'm thinking of doing taxes -wahhoo!  You may not know this important information and it will affect your taxes if you have experienced one of the three mentioned below!

Mortgage Forgiveness Debt Relief Act of 2007When a borrower is unable to meet the monthly mortgage payments on their home, the borrower will lose title to their home through:
1. A Short Sale
2. Foreclosure, or
3. Deed in Lieu of Foreclosure

But, did you know that under Section 108(a) of the Internal Revenue Code of 1986, a mortgage lender who forgave debt was required to provide a 1099 Form to the IRS stating the amount the borrower had been forgiven? The amount of debt forgiveness on a home is then taxed as ordinary income, for any of the previously three mentioned methods.

For example, you owe $250,000 on a mortgage and the lender reduced the amount owed to $200,000 to facilitate a short sale. Under current tax law, the $50,000 in forgiven mortgage debt becomes taxable income.

Unfortunately, the majority of people in a situation where that can't make the mortgage payments are in financial distress (DUH!) and are unable to pay the additional taxes.

Relief is in Sight!
On December 20, 2007, President Bush signed H.R. 3648, known as the Mortgage Forgiveness Debt Relief Act of 2007. It amends Section 108(a) of the Internal Revenue Code of 1986 to ensure that any amount forgiven on mortgage debt secured by a principal residence will not be taxed. It was effective as of December 20, 2007 and applies to indebtedness discharged on a principal residence before January 1, 2010.

How to Stop a Foreclosure

Jan. 30, 2008
Categorized in: Financial
Kelli Grant can help with your property in the Phoenix-Scottsdale area

On the news this morning, I saw that "foreclosures were up 75% from December 2006 to December 2007." 1 out of every 100 homes are going into foreclosure, with California and Florida hit the hardest. Knowing that this amount of people are entering into the foreclosure process, I felt that providing a few helpful tips on how to prevent a foreclosure was imperative.

For those of you who know me, this one's for you: I am aware that it's not all roses and sunshine in the housing market ('heck', I WORK in it every day), I don't completely have my head in the sand! However, I am a proactive person that looks for solutions. . . so let's get to it!!

If you're starting to miss payments, this is your big neon sign, your red flag, your 2x4 in the head. Pay Attention. This is also an OPPORTUNITY. What do you think the first mistake is? You got it. Homeowners stop answering the phone, returning phone calls or opening the letters from the lender. This is the opposite of what you should be doing. You need to ACT.

Take Action. There are several things you CAN do. Foreclosure begins once you miss three payments. You may have from 3 to 18 months before you actually have to get out of the house, depending on what state you live in. Therefore, you have some options. And, that does NOT include trashing the house. I just don't understand what people are thinking they will gain by doing this. ??

First of all, if you have a variable rate loan and your interest rate is going up and you can't afford the payments, which will get higher each time you miss a payment, call the lender. You heard me right. Reach out to them! Ask for a reduced and/or fixed rate. Realize that the bank loses an average of $59,000 for each foreclosure. Therefore, they might just be willing to negotiate a lower rate with you...especially if you have always been a good paying client until the rate started to increase!

Negotiate a short sale. A short sale is when you owe more than the property is worth. The declining market had something to do with this, but let's face facts. Some of you took out home equity lines of credit for vacations and toys. (It's true. You know who you are.) You will get a bad credit rating still, but you will only show the late payments while the loan is reported as "satisfied".

Apply for an FHA loan. It is a short term, secondary loan that buys you time. You can get up to 12 months of payments. You will have to pay them back, but it buys you more time.

Rent your house . Sometimes, you can rent your home out and move into a less expensive housing situation. Even while your home is in foreclosure, you may be able to do this. If you can get enough rent to cover the mortgage payment and find another alternative for yourself that you can afford, this could be an ideal situation.

Deed in lieu of foreclosure is another option. This is when you give the deed to the lender. You may even able to stay in the house for awhile.

I hate recommending this, but it is a last ditch option. File for bankruptcy. It doubles the time you can spend in your home, sometimes up to four years. Yes, you will have very bad credit. But, you will be able to stay in the house. When you file for personal bankruptcy, you actually keep your credit cards as long as you're making the monthly payments!

If you're starting to miss payments, don't put your head in the sand. Start to look at your options. There may even be 2 or 3 of the solutions listed here that you can take advantage of to prevent you from entering foreclosure and save your credit.