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What is a Short Sale?

December 15, 2010 by Marco Santarelli

You may have heard the term “short sale” and wondered what it referred to – and what kind of opportunities these types of transactions offer in the real estate market. Let’s define a short sale first.

A short sale can occur when a home owner’s debt on a property is greater than the amount for which the property can be sold. The result – lenders are sometimes willing to accept less than the total amount due on the house if the economic situation dictates such an action.

Here’s where the term “short sale” came from: Assume a homeowner has an unpaid loan balance of $200,000, but the property will only sell for $150,000. The lender accepts that $150,000 as full payment. This is “short” of the full $200,000 amount.

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Filed Under: Economy, Financing, Real Estate Investing Tagged With: Real Estate Investing, short sale, short sales, What is a Short Sale?

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

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