Posted: Fri Apr 25, 2008 6:35 pm Post subject: Deed in lieu and short sale (1099 question)
Hello,
I was talking to my lender about letting my property go if they wont accept for Short Sale or Deed in Lieu. He was saying that 1099 will issued for the difference amount in case of Deed in Lieu for the purchase price - their sale price. And in case of short sale, they wont consider purchase price and only consider the realistic market price - sale price. He was suggesting me that I am better off with Short Sale. Is that a true statement? This will help in negotiating with them on which patch I want to go.
Thanks,
Short sale is a better option than dil as it brings greater damage to your credit. But the fact remains that you'll have to pay the deficiency amount in short sale unless the lender forgives it. _________________ Procrastination is the enemy of your financial sucess
Posted: Sat Apr 26, 2008 4:29 am Post subject: RE: 1099-c form after dil/short sale
Hi Kingno,
I guess the lender will provide you with a 1099-c form just for the sake of keeping it in writing that some of your debt is forgiven. But let me know if the lender has spoken about forgiving the unpaid part of debt? Also, I'm not sure as to why the lender has calculated the deficiency as considering purchase price in deed-in-lieu (dil) and realistic market price in short sale. Perhaps it's because when you go for dil, the property isn't sold right away. It takes some time for the lender to sell it off. But when you go for short sale, the lender is aware of the sale price and then he can ask for deficieny payment.
Now, let me tell you something - lenders won't ask for deficiency in an anti-deficiency state or if you go for dil.
Hello All, Thanks for your suggestions.
Hi Sara, I am in California. So what you are saying is that in DIL, Lender wont ask for deficiency payment?
In Short sale, it is still my responsibility to find a buyer right? Where as in DIL, I just walk out giving the keys?
Hello Larry, in response to your answer..
The difference of the price realistically is about 200K. Am I liable to pay all that amount as deficiency to the lender? also, IRS may need me to pay taxes as well. right?
If I go for short-sale, Can IRS forgive the tax payment under the mortgage forgiveness act? Mine is a refinanced mortgage.
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think your lender has given you right suggestions. Short sale is the better option and you should try sale the property and pay off the lender. It will not have a huge effect on your credit report. It will only drop 60 to 100 points but you may have to pay the deficiency amount.
In case of short sale you may get approve for another mortgage within 18 months if you can improve you credit..
Feel free to ask if you have any further questions.
In case of short sale you will be liable to pay the deficiency judgment.
"If I go for short-sale, Can IRS forgive the tax payment under the mortgage forgiveness act?" As you will have to pay the deficiency amount, you debt will probably not be forgiven. So you need not to pay the tax again.
Now if you cannot anyhow pay the deficiency judgment then better request the lender for deed in lieu. In that case will need not to pay the deficiency amount and according to the mortgage forgiveness act you need to pay the tax on the forgiven debt. But the problem hare is it will have a huge negative effect on your credit report.
Feel free to ask if you have any further questions.
Posted: Mon Apr 28, 2008 5:39 am Post subject: RE: short sale, debt forgiveness and dil
Hi Kingno,
Since you are in California, therefore, if you don't pay the deficiency when asked for, then you'll have to pay on the unpaid debt. The Mortgage Debt Forgiveness Act is yet to be enforced in the state of California.
If you go for deed-in-lieu (dil), you won't have to pay the deficiency as legally lenders aren't allowed to ask for it in such a case.
In short sale, it is your responsibility to find a buyer but in dil, you will have to hand over the keys.
Quote:
If I go for short-sale, Can IRS forgive the tax payment under the mortgage forgiveness act? Mine is a refinanced mortgage.
Refinanced debt qualifies for the mortgage forgiveness provided it does not exceed the original amount of the debt. And the IRS will not forgive the tax payment if you're going for short sale and the lender has forgiven the deficiency payment. This is because you're in California which still does not abide by the debt forgiveness act.
kingno1
