Foreclosure in 48180>Question Details

Cj, Other/Just Looking in Taylor, MI

if your home gets forclosed, can the bank send you a 1099

Asked by Cj, Taylor, MI Tue Jul 8, 2008

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Hi Cj. Unfortunately, it is a common misconception that the banks have stopped issuing 1099s. I am sorry to say this, but my understanding is that the bank should issue a 1099 any time there's a deficiency that is written off by the bank. Whether or not the bank will issue a 1099 depends on what they decide to do and what they can do. Whether a lender can go after the borrower for a deficiency judgment varies from state to state and it also depends on whether the loan was a purchase money loan. How soon the bank has to decide what it wants to do depends on what the statute of limitations is. This means that the bank may have several years to decide whether they want to go after a deficiency or issue a 1099.

While it is correct that a law called the Mortgage Forgiveness Debt Relief Act was passed, this does not change the rules regarding issuing a 1099. It only provides for an exemption under certain circumstances and may mean that you don't have to pay taxes on the amount that's reported on the 1099. Whether or not you qualify for the exemption (in whole or part) depends on your particular circumstances and the lenders don't know what your particular circumstances are and therefore they don't know who will be able to benefit from the new law and who won't be able to take advantage of the exemption. This means that the lenders still issue the 1099 and then it's up to the tax payer to prove that they qualify for the exemption. If you don't qualify under the Mortgage Forgiveness Debt Relief Act, you may still be able to escape having to pay taxes on the 1099 amount if you can show that you were insolvent just before the bank took the property back. Like the other posters have already mentioned, real estate agents are not tax advisers or attorneys and I don't want you to interpret this post as advice applicable to your particular facts. You should definitely seek the advice of a tax professional who can assess your situation. Good luck.
1 vote Thank Flag Link Tue Jul 8, 2008
Ute Ferdig -…, Real Estate Pro in New Castle, DE
MVP'08
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If your home gets foreclosed, the bank can do more than issue a 1099 ... they can issue a deficiency judgement for the amount still owed.
Web Reference: http://DoorToDreams.com
1 vote Thank Flag Link Thu Jun 11, 2009
Foreclosures: What Are They?
Foreclosure occurs when a bank repossesses a property because the owner fails to pay the mortgage. Foreclosure is not a quick process, however. Usually, foreclosure occurs when the homeowner, or borrower, misses several payments. This is called a default and starts the foreclosure process. Banks and homeowners have several options when faced with foreclosure. The home can be sold in a pre-foreclosure sale or short sale, can go to auction, or can be taken over by the financial institution and become a bank owned property (REO).

How Do Foreclosure Sales Work?
Pre-Foreclosure Sales
In a pre-foreclosure sale, a property may be bought from the homeowner of the financial institution holding the mortgage prior to the start of the foreclosure process. Generally, the seller is relieved of financial liability and the buyer is able to obtain a house at or below market value.

Short Sale
A short sale occurs when the homeowner receives an offer to buy his or her home for less than the amount owed on the mortgage, and the financial institution holding the loan accepts less than the full payoff. If the payoff on a mortgage is $150,000 and the home is sold for $140,000, the bank may accept the amount as a full payoff even though it is short, hence a short sale.

Auction
Some banks may place a foreclosed property into an auction to try and regain the lost amount on the defaulted property. The price for an auctioned house may begin at the outstanding amount of the mortgage, and any buyer of an auctioned property will often have to take possession of the property in an "as is" state.

REO (Bank Owned Property)
If the auction fails to attract any bids, the property may be assumed by the bank and become an REO property. If this happens, the bank will list the REO property with a brokerage, like RealEstate.com, REALTORS®, and attempt to sell the bank owned property as a normal real estate transaction. However, the bank may be willing to simple recoup the loss on the foreclosed loan.

How Can Buyers Benefit?
Buyers can obviously benefit from buying foreclosures at deep discounts off market value. Buyers may also look at foreclosed properties as investment opportunities. Buying a foreclosed property often means the buyer must be able to pay with cash and it is important that the buyer understand the local laws surrounding foreclosures and REOs.


Call Ron at 734-341-4099
1 vote Thank Flag Link Thu Jun 11, 2009
Well Cj as said check with your accountant and lender as to your exact situation. However, if you read the law it says you will not receive a 1099 if you do a workout with your lender and refinance. In other words you owe $160,000 and the bank lets you refinance for $140,000. You do not receive a 1099 for the $20,000. You can check the law here - http://www.irs.gov/individuals/article/0,,id=179414,00.html

Cindy Knight
Realty Executives e-Group
info@edandcindyknight.com
1 vote Thank Flag Link Tue Jul 8, 2008
The first response is accurate ... as of early 2008 the law changes and, no, a 1099 can not be issued. Per norm, we as Agents are not attorneys and can not provide legal advice and we must advise you to consult professionals in those fields...
Web Reference: http://www.DoorToDreams.com
1 vote Thank Flag Link Tue Jul 8, 2008
You have to be extremely careful about this - I am not an accountant nor an attorney, but I do know certain things about this - the law is quite specific on what applies and what not. The very first thing is that all the money borrowed should be for purchase money and for primary homes. From what I know, IRS also sends 1099 regardless but you will have to justify that, ... etc. This is just a starter..

I will consult an accountant or an attorney for specifics and the most current law. This is a big deal and you should be careful with the decision you are making.

Sylvia
0 votes Thank Flag Link Tue Jul 8, 2008
Sylvia Barry,…, Real Estate Pro in Marin, CA
MVP'08
Contact
Good Question. Until late last year that was a possible consequence of selling short. However, legislation was signed into law by President Bush to allow for a relief act to be put into place that in effect removes that consequence and so, no, the lender does not issue that 1099 for the shadow income that occurs when the debt is settled for less than what is owed. For other information about foreclosures, shortsales and mortgage modificication please check out my blog at http://www.billpark.featuredblog.com
0 votes Thank Flag Link Tue Jul 8, 2008
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