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If homeowner's
insolvent
If a homeowner can show he's
insolvent before the discharge of the mortgage and turnover of
the property, as well as afterward, any proceeds are not taxed.
However, Trenholm says, "insolvency is a little tricky. There's
no strict definition of what assets [go in the calculation],
but for the most part, a lot of people caught in the
real-estate crunch can establish that condition."
The other option is bankruptcy.
"Forgiveness debts, in these cases, are not taxed," Roth
says. "They don't want the bank chasing them down, which is why
many times people going through foreclosure also go through
bankruptcy."
However, filing for bankruptcy has its own set of
considerations. "New bankruptcy rules don't give [filers] a lot
of relief," says William Bost, a member of the Raleigh,
N.C.-based law firm Ragsdale Liggett. "If you have a job and
are making money, the new bankruptcy rules don't give you a
whole lot of help. It gives you some time, but I don't think
that's necessarily the way to go.
"It used to be like going to church: You walk in and walk
out absolved. But it's not like that anymore," Bost says. "Now,
it's not worth the pain you pay the rest of your life."
One thing lending and tax experts all agree on: If you're
facing foreclosure, take action as soon as you realize you're
in trouble. And get professional help to determine exactly what
your personal tax labiality might be in the transaction.
Lanzaro has two other recommendations: "The best advice is,
don't buy a house you can't afford, and don't get an
adjustable-rate mortgage."
The Foreclosure
Fraud Alert Website http://www.foreclosurefraudalert.com/
The
Foreclosure Fraud Alert
Blog
http://www.foreclosurefraudalert.com/fraudblog
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