First, a little bit of back history:
On December 14, 2007, the President signed into effect the Mortgage Forgiveness Debt Relief Act of 2007. The premise of the bill allowed home owners a relief from their debt on primary homes that they chose to short sale or were foreclosed upon. Before this bill, homeowners were still responsible for paying taxes on any debt that was relieved.
An example:
Michael and Betty are underwater on their home. They purchased it for $500,000. When Michael lost his job, they were put in a position of being unable to pay their mortgage. After speaking with a Realtor, the couple decided to try and short sale their home, which now has a property value of $390,000 due to the nose dive that the real estate market took. Michael and Betty received an offer from some buyers wishing to purchase the home for $375,000. After assessing their situation and credentials, the bank agreed that accepting something would be better than nothing, and approved the short sale of their home. They agreed to release Michael and Betty from the responsibility of their debt, a $125,000 difference. This is a forgiveness of debt. Unfortunately, to the IRS that is synonymous with “income,” and they can collect taxes off of the $125,000. Lucky for Michael and Betty, the passing of the Mortgage Forgiveness Debt Relief Act of 2007 forgives them of any debt to the IRS acquired in this short sale (since it was less than $2 million), and because it was their primary residence.
Fast forward:
The Mortgage Forgiveness Debt Relief Act of 2007 was only signed into effect for the calendar years of 2007 – 2012. It is set to expire December 31, 2012. This means that under current law, forgiven debt may be taxed as income. Currently we do not know if Congress will agree to extend the Act, amend it in some kind of meaningful way, or get rid of it completely.
What this means:
If you are a homeowner that has been considering participating in a short sale, and you believe that Congress will opt to extend the Mortgage Forgiveness Debt Relief Act to 2013 or beyond, relax. However, if you have a hard time believing that Congress will agree to extend, then you should be a bit concerned.
Short sales have a lighter impact on your credit than foreclosures, and while they are not a quick process, can help relieve you of the stress in your life, or a property that you can no longer afford.
Before deciding to do a short sale, we highly suggest that clients speak with financial counseling or speak with an attorney, and find a Realtor that is well versed in short sales. If you decide to work with us, we would be more than happy to help you find a financial advisor and attorney.
The banks are dealing with many short sales these days, and the entire process can take months. So if you are thinking about selling your home with a short sale, don’t wait. Now is the time to act, especially since you just may not get the tax relief next year that is currently available. With the market picking up, buyers are hungry and ready to put offers in on homes quickly!

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