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3 Things To Do Before Walking Away From Investment Property

May 22, 2010 by Marco Santarelli

If you or someone you know dumped some “bad” real estate, then there might be a ticking tax bomb coming your way. It’s a Form 1099-C and it means you have a “cancellation of debt”, and cancellation of debt is taxable.

So if the lender forecloses and takes your property from you, or you do a short sale, chances are the current value is less than your loan. That means the lender has to forgive part of the debt or may pursue you for the difference.

If they forgive the debt, you have a cancellation of debt. And if you have a cancellation of debt, you have a taxable event. The amount of debt that is cancelled is taxable income to you. You report it on your Form 1040 just like any other type of ordinary income. In other words, you never got a check, but you have to pay tax on it.

So, let’s go with the foreclosure or short sale scenario and assume that your lender has forgiven the debt. Just as a note though, don’t assume that the lender is forgiving all the debt. In most states, they can pursue you if you’ve refinanced the first loan or for a second mortgage. And depending on your particular state laws, they could wait years to come after you for the amount. Yikes!

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Filed Under: Real Estate Investing, Taxes Tagged With: cancellation of debt, foreclosure, Investment Property, Real Estate Investing, short sale

Foreclosures Hit All-Time High!

October 19, 2009 by Marco Santarelli

Just when you thought foreclosure filings were stabilizing, they hit another all-time high with almost 938,000 homeowners filing in the third quarter, according to Realty Trac.  This is a 5% increase from the previous quarter.

Six states account for 62% of the nations foreclosures:
California, Florida, Arizona, Nevada, Illinois and Michigan accounted for 62 percent of the nation's total foreclosure activity in the third quarter.  That accounts for 579,541 properties receiving foreclosure filings in the six states combined.

Although California's foreclosure activity decreased almost 2% from Q2 there were still 250,054 properties that received a foreclosure filing.   That was a 10% drop in default notices but a 4% increase in scheduled auctions and 12% increase in REOs.

[Read more…]

Filed Under: Economy, Foreclosures, Housing Market Tagged With: foreclosure, foreclosure activity, Foreclosures, Housing Market

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