Real Estate Marketing - Taxes on Short Sale, Loan Modification and Foreclosure - Part 6

Posted: Aug 6, 2009

- Real Estate Marketing - Arizona is not a recourse state, so chances are you will not owe 1099 C Income - Produced by Dan Havey of Real Estate Marketing This Week Part 6 - In Arizona, typically its not a recourse state, so if they are telling you that theyre going to garnish your wages because you didnt pay back your entire mortgage, there is a local bank ,that was threatening a very good colleague of ours about a small second mortgage that person had taken out. Threatening to send it to collections and garnish her wages. It simply isn't going to happen. But nevertheless, there is still the tax implications that apply, if you need to navigate through this maze. There is a lot to it, you need to protect yourself. You talked about bankruptcy is one of those exclusions, right? One of the problems with bankruptcy is people dont understand the bankruptcy laws. They are so tight now and your feet are really held to the fire from the federal government right now. It's not like you just didn't make your mortgage payment, so you go file bankruptcy, it's just not realistic. Assuming bankruptcy is the last resort option for everybody. And we certainly want to avoid that, it would not be sound financial advice from any credible source that I can think of. Let's walk through a case scenario, somebody who is listening to this broadcast, their head is spinning right now, they're thinking, oh my gosh. I should have known about the tax implications, a short sale versus loan modification. Let's start at the top and work through a quick scenario. And then we'll point out the specifics of what they should be considering right now. For example, we talk about this all the time and to your credit Michael Barnes and to Velocity Financials credit, you were early in bringing out the loan modification for people who were in a distress situation regarding a mortgage, maintaining or keeping up with the mortgage payment. So you started going down the path where the refinance started to become a much more difficult option, with new constraints and all the other factors that led to part of this economic crisis, a loan modification has become a buzz topic today. Driving to the station today, driving down Camelback Road, I see a sign on the corner. You know, one of those stick in the ground, homemade jobs, that says don't refi a Loan, modify, with some success rate and the phone number. Hang on there I want you to say the success rate. The sign literally said, 99% success rate, and it goes back to the point that you made when they say that they can reduce your mortgage principal by tens of thousands, hundreds of thousands of dollars, thats the absolute last resort for any lending institution. Thats not what this is about, so let's start with that, then we will work on the tax ramifications of how that might work in the overall financial strategy. I am familiar with the loan modification industry here in Arizona. There is no regulation, unfortunately. We at Velocity Financial work with a national network of attorneys, so if you're the guy in El Centro California, or youre in Phoenix, or youre in Alaska it doesn't matter where you're at. We have someone who is an expert in that field in that state because the laws are different. But without the regulations some person with the ugly yellow sign on the side of the road says he has a 99% success rate, I don't believe him it's probably not using an attorney, who knows, dont buy into that garbage. Were going to tell you the truth, if we cant do a loan modification, we will tell you that we cant do it. And if a loan modification is not the best thing for you, you can find the some of these other options...