The Mortgage Forgiveness Debt Relief Act of 2007 generally lets you exclude from your income the debt that’s left over after a foreclosure. The law applies for 2007 through 2012.
Dear Liz: Several years ago, we were talked into getting what I believe was a predatory loan — a negatively amortizing mortgage for 100% of the purchase price of our home. The loan broker assured us we could refinance the following year to a more traditional mortgage.
We paid the minimum monthly payment required, which didn’t cover all the interest owed, so that amount was added to our mortgage balance. Like others, we have experienced the nightmare of the current housing market, and with the negative amortization adding on even more debt, we are severely underwater.
We’ve worked with two companies trying to get a workable loan modification but to no avail. The bank is not cooperating at all.
A lawyer I consulted is advising us not to pay at all going forward, saying that the upside-down home isn’t worth saving or worth the grief. She told us to put our payment amounts into savings so that we have something to live on after we have to leave the home, which I so far have been able to do. But I’m worried about the potential fallout.
Would we be required to pay taxes on the remaining balance we owe after a foreclosure? If we can’t afford to pay the taxes on $200,000 of untaxed income (that we really didn’t earn), what do we do then? Does bankruptcy help with that?
Answer: When a lender cancels or “forgives” debt, it typically sends you a Form 1099 for the amount of forgiven debt. This amount usually must be included as income on your tax return. But there’s a big exception when it comes to mortgage debt secured by your primary residence.
The Mortgage Forgiveness Debt Relief Act of 2007 generally allows you to exclude from your income the debt that’s left over after a foreclosure. The law applies for the calendar years 2007 through 2012.
You don’t have to avoid using ATMs, but they should be used with caution.
By Liz Weston Money Talk
December 11, 2011