Foreclosure in Atlanta>Question Details

bamanatlanta, Home Buyer in Atlanta, GA

foreclosed now what?

Asked by bamanatlanta, Atlanta, GA Thu Jun 7, 2012

I had a condo that foreclosed in Georgia Jan 2012. I have not heard from the bank. When would i know if they sued me or if i am responsible for a deficiency? How can i check?

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6
Read the article in the web reference that my friend Amy wrote. It's about the impact of derogatory events on your financial life.

You probably need legal help.

Good luck.
0 votes Thank Flag Link Fri Jun 8, 2012
Call them and ask.

Jim Simms
NMLS # 6395
JSimms@cmcloans.com
Financing Kentucky One Home at a Time
0 votes Thank Flag Link Thu Jun 7, 2012
Fred Yancy's answer was very thorough. I would also suggest contacting the mortgage company directly. They are the best source for the information that you are requesting.
0 votes Thank Flag Link Thu Jun 7, 2012
I believe they have 60 days to file a claim. You can check with your country records office.
0 votes Thank Flag Link Thu Jun 7, 2012
At the height of the housing crisis, Congress passed the Mortgage Forgiveness Debt Relief Act of 2007, designed to provide some consolation to folks who had lost their homes.

In summary, the Mortgage Forgiveness Debt Relief Act states that if you borrow money (up to $2 million dollars) from a bank or a commercial lender and the lender cancels or forgives the debt then you are not responsible for paying taxes on the forgiven amount. This applies only to primary residences, NOT investment properties.

The Mortgage Forgiveness and Debt Relief Act applies to debt forgiven in calendar years 2007 through 2012. It has not yet been determined if the Mortgage Forgiveness Act will be extended past 2012.

Your bank is required by law to provide the IRS with a Form 1099-C. The 1099-C will show the IRS the amount of debt which was cancelled or forgiven. Before December 20, 2007, (this is the date which the Mortgage Forgiveness Debt Relief was enacted) the amount of forgiven debt was considered to be taxable income. This is no longer the case for primary residences; however, all this could change if the Mortgage Forgiveness Act is not extended.

There is a tremendous amount of mis-leading and “completely false” information floating around on the internet. Of course as a Realtor, we are not licensed to give tax advice, and thus will strongly suggest that you always consult with a licensed CPA or attorney when dealing with these matters; however, please click the attached link to view the Mortgage Forgiveness Debt Relief Act as it appears on the IRS web site (click link) http://www.irs.gov/individuals/article/0,,id=179414,00.html
0 votes Thank Flag Link Thu Jun 7, 2012
Not being a Georgia Attorney; I really can't answer that, from a Legal point of view.
But, I would bring up the thought; Do you have a lot of hidden assets, and does the Bank know about them?
I've heard that they have 4 years to file; that may vary from state to state.
If I were you, I wouldn't check; it might put you on their radar.
Have you thought of moving to Montana and changing your name?

This is an area of great concern for millions of ex-homeowners, and only a local Real Estate Attorney can answer you; one who has experience in Deficiency Judgements, (which I doubt that there are any.)

Good luck and may God bless
0 votes Thank Flag Link Thu Jun 7, 2012
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