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Mortgage Debt Forgiveness Tax Relief Act

Posted on: 07th Apr, 2009 08:29 pm
I own a house in Idaho that we bought in April of 2005 as our primary residence. We lived there from this date until February of 2008 when we had to move to California for family and job issues. We are under water in the house but tried to keep our credit by renting the house out and eating the loss every month (a big one!).

Now we are loosing our renter and I have taken a major pay cut so we just cannot afford the loss every month. We are looking into the short sale, deed in lieu or possible foreclosure.

My question is, will I qualify for this Act even though we rented the house for the last year?

Thanks for the help.
Hi kachman!

Welcome to forums!

You can take advantage of the Mortgage Debt Forgiveness Tax Relief Act if your principle residence goes into short sale or deed in lieu foreclosure. Your primary residence is qualified depending upon the amount of time that you lived in it over the past five years. In my opinion, you may not be able to get the benefits of the Mortgage Debt Forgiveness Tax Relief Act as it has become a rental property now.

Sussane
Posted on: 07th Apr, 2009 09:18 pm
actually we are registering it as a 'vacation rental property'. do you think this will effect it? Seems ridiculous that I tried to make it work and will be in more trouble for this.

Is it possible to appeal to the IRS in some way?

Thanks.
Posted on: 07th Apr, 2009 09:25 pm
Hi,

First is this property is now rental property so you can't get qualify to get the
profit of Mortgage Debt Forgiveness Tax Relief Act.

I hope you will satisfied by my Post.

Thanks , John.
Posted on: 08th Apr, 2009 02:36 am
Hi,

Welcome to Mortgage Forum,


This property is rental property to till date ?

If Yes, you are not qualified to for Mortgage Debt Forgiveness Tax Relief Act.

If no, You can get total benefits of Mortgage Debt Forgiveness Tax Relief Act.

Thaks.
Posted on: 08th Apr, 2009 02:45 am
The property is a vacation rental from April 2008 until June 1 2009. We lived there from April 2005 until Feb 2008.

It seems we won't qualify because we tried to make it work by using it as a rental property?
Posted on: 08th Apr, 2009 10:37 am
Hi Guest,

Yes, as far as I know, rental properties do not qualify for Mortgage Forgiveness Debt Relief Act. The lender may ask you to pay the deficient amount resulting from a deed in lieu.
Posted on: 08th Apr, 2009 11:53 pm
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