BEST ANSWER
Hi Orlando,
The first thing to determine is whether you can do a short sale.
Just becuse a property is "under water" does not automatically qualify it for a short sale.
At the end of a sale, the bank may report the "short" as unearned income to you, but you don't necessarily owe the tax on it. Part of the Mortgage Forgiveness Debt Relief Act provided for this exemption.
Depending on the bank, you may receive a "Deficiency Judgment" for the outstanding balance.
What I'm trying to communcate is that this is a complex process requiring knowledgeable proefessionals on your side. Simply making your determination based on a possible IRS 1099 reporting may need much more consideration.
Please visit my website at http://www.PeaceofMindinParadise.com for more information.
Patrick Casey, CDPE (Certified Distressed Property Expert)
MW & Associates
Sat Oct 31 2009, 16:00