Mortgage Forgiveness: Understanding the Mortgage Forgiveness Act
One of the most controversial and paradoxical real estate and mortgage finance stories to hit the media in recent weeks was that of a newly crafted real estate tax bill – the so-called Mortgage Forgiveness
Bill of 2007. The bill, which may help you hold onto your money if you face foreclosure but will likely hit you hard in the wallet if you own a second home, was drafted by Democrats and approved by the powerful House Ways and Means Committee. Rising Foreclosures Led to the Drafting of the Bill- During the past two years, a number of economic factors have conspired to create a perfect storm of problems for many homeowners. First of all, prices of residential real estate fell precipitously. Then, as interest rates rose, the monthly payments for many adjustable rate mortgages jumped. Next the mortgage industry hemorrhaged, thanks to the volume of bad loans and delinquencies, and this trouble spilled over into other areas of the financial industry. In an attempt to control losses and appease government regulators and investigators, mortgage lenders tightened their guidelines for approving loans – after a long period of lax standards and “easy money”.
Just as homeowners realized the imminent danger of rising adjustable rates and rushed to refinance into more affordable conventional fixed-rate loans, the ability to refinance got harder as loan applications became much more stringent. As the challenges for homeowners increased, so did the number of foreclosures. Lenders May Show Leniency, but the IRS Does Not- Sometimes banks and mortgage companies will forgive a portion of the debt owned to them, in order to process delinquent loans in the most cost effective manner. Lenders typically lose about 50 percent of their investment when a property goes to foreclosure. So forgiving debt can actually save them money in the long run, by encouraging third-party investors to step in and buy the house before it goes to foreclosure and fetches less money on the auction block. And many government officials – including the President – have asked that lenders show flexibility to homeowners faced with foreclosure, so there is an added incentive for banks and mortgage companies to work out arrangements that are mutually beneficial for lenders and borrowers.
Now the government has recognized that most people are in bad shape if they lose their homes. As a result, they’ve come up with a bit of legislation that helps people avoid the income tax consequences of mortgage debt forgiveness for the years 2007 through 2012. The legislation is known as the Mortgage Forgiveness Debt Relief Act of 2007.
The process works fairly simply. You can avoid paying income tax on up to one million dollars in mortgage debt forgiven as a single individual or two million as a married couple. The debt must be applicable to your primary home. It applies to the money used to buy or build the home. It also applies to any refinance debt that was used to improve the home. Refinance money that was used for other purposes is not covered.
To claim the exemption, you need to fill out Form 982. You should also receive a 1099-C from the lender in question. Make sure you check it closely to affirm that the numbers reported are correct.
Learn more about Obama Mortgage Relief Plan Qualifications.
July 16, 2011
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Posted by John Roney
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