Scott,

I spoke with a real estate attorney about your question and he said the only one who will be able to give you a difinite answer is your accoutant. It does seems though that it is a 2008 transaction. I would think your accountant will know how to interpert the legal language... I think it's a great question. I would love to hear what your accountant said..

Keep us posted and good luck-
Karen Abramson.

I think you fall under last year. It it is a technicality worth talking to a tax accountant on.... but ultimately, this was an 08 purchase, and I suspect any acccountant would agree (but if you find out differently, will you let me know?)

Technically, the sale doesn't even need to be recorded to be legal. (I am not suggesting NOT recording it, there are lots of reasons why it should be recorded, but it doesn't affect the legality of the title transfer).

Find out now... but look at the bright side.... you can claim the interest points, etc. attributable to the purchase in 2008, which theoretically will get you a refund - now, not in a year. Having money today is always better than getting money tomorrow. Really, it's not a bad consulation prize.