Home Selling in Miami Shores>Question Details

Thomas Klins…, Home Seller in Miami Shores, FL

After my short sale i am still bothered by my bank i had a loan with, 9 month later?

Asked by Thomas Klinski, Miami Shores, FL Sat Mar 12, 2011

Short Sale 9 month ago, letter for forgiven debt, homestead, should owe no taxes.
Yet the bank calls me and asks me to pay my mortgage off. They say that my condo
is still under my name. I even gave them the new buyers name that moved in on
the day of the closing. The bank refuses to take my mail, my faxes and refuses
to give me the individuals last name. All they ask for is my money.
My accountant says that they are suppose to inform the irs and provide a 1099c
form to them and me. Nothing. nobody cares. Today the bank called and asked
me if i want to re-finance. ?????? I cannot even get in touch with the banks
closing agent from last year. My agent/broker said that i should get an
attorney. how can i file my taxes without a 1099c??? Help

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Answers

9
Consider referring this to your state Attorney General of the U.S. Federal Trade Commission.
1 vote Thank Flag Link Tue Apr 3, 2012
By the way,

One of my clients used an attorney who charged only $200 to settle a debt with a judgment against my client. The name of the attorney was Francisco Cieza http://www.ciezalaw.com/
My client was very happy with Mr. Cieza's services.

Credit counseling is ok - but after you are out of the transaction, they may not help any longer.
And, a lot of times, you have to be low income to qualify.
The purpose of the credit counseling is to restructure and minimize debt.
In this situation, there is no debt restructuring/minimizing.

Hope this helps,

Irina Karan
Beachfront Realty, Inc.
IrinaKaran
0 votes Thank Flag Link Tue Apr 3, 2012
Tom, I'm going to break the mold and say talk toa credit counseling service. While you could go through a lawyer, that may cost more than a credit counselor.

Did your accountant say you had to wait for the 1099c? You have proof (in the form of that letter) that there should be a 1099c.

Ann
0 votes Thank Flag Link Tue Apr 3, 2012
Hello Thomas,

This is a very serious situation. There were, unfortunately, cases when the title companies didn't make the payoff to the short sale lender. Then the title companies disappeared...with the money.
I was told this story by a reputable title agent/attorney, when I told him what just happened to one of my past clients.

BOA called me (my client is out of the country permanently) on a short sale transaction of 2 years ago that they claimed they never got paid on...
BOA managed not to notice loosing 200K for 2 years!
The title company then provided BOA's cashed check and the issue never came up again.
So, this could be "incomplete" short sale or an accounting error on part of BOA or the title company.
In both cases, I feel you would benefit from hiring an attorney to deal with this mess.
Attorney does not have to waste time on the customer service (or lack of it).
He can go straight to the top of your ex-bank for you.

Good luck with this issue, and hope it will resolve itself quickly!

Irina Karan
Beachfront Realty, Inc.
305-904-2355
0 votes Thank Flag Link Mon Apr 2, 2012
Thomas:

Your situation seems bizarre at best. The lender should clearly be aware that the property has been transferred via an approved short-sale. Banks are swamped with these transactions and the procedure to dispose of these non-performing loans is not streamlined and organised as well as it could be...

Seems like hiring an attorney is the very best option.

WATERWAY REALTY, REALTORS
0 votes Thank Flag Link Mon Mar 14, 2011
Dear Thomas,

Do a search to verify you actually sold your property! Go here and input the address of the property you believe you sold:

http://www.miamidade.gov/pa/property_search.asp

If your name is still appearing on public records as the owner then you may be a victim of scammers! If that is the case you need to go and evict whomever is living there and take possession back.

Hopefully this is not the case and it's just the typical incompetence of most "servicers". By the way, who is the bank that is calling you?

Hope this helps and tells us how it works out!
Alma
0 votes Thank Flag Link Sat Mar 12, 2011
Hi Thomas

Clearly you will be filing a delayed tax return, due to special circumstances.
Also time for you to get a lawyer.

Good luck
Perry
0 votes Thank Flag Link Sat Mar 12, 2011
I also agree with your agent/broker you need to consult with an attorney as they are the only ones in Florida who can legally negotiate and defensed short sales and foreclosures.

I'm a local agent and have a really good real estate attorney that i can recommend and can help you with this situation.
0 votes Thank Flag Link Sat Mar 12, 2011
I agree with your agent, you should consider seeking legal council for your situation. Neither an agent nor Realtor should be giving you this kind of detailed legal advice. Best of luck.
Spirit
0 votes Thank Flag Link Sat Mar 12, 2011
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